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Membership T&C


Membership Terms and Conditions

 

1. Definitions

These definitions apply in the following conditions:

Agent

Agent refers to a person who lets or sells land or real estate such as commercial or residential properties for unrelated and multiple 3rd parties.

Brand

Brand refers to Seekmove Ltd and all its trademark representations such as domain names, devices, logos, and IPR (Intellectual Property Rights) that may be used or owned by Seekmove Ltd over time.

Brand Guidelines

Brand Guidelines refers to the set of procedures and rules that apply to brand use. Also, these guidelines may be changed or updated with time in compliance with the clause 11.2.

Business Day

Business Day refers to any day when banks are open in London for business, other than a Saturday or Sunday or public holidays.

Commencement Date

The meaning for commence date is stated in the clause 2.1.

Charges

Charges refer to the amount that you have to pay back for the services according to these conditions.

Conditions

Conditions refer to basic membership terms & conditions as changed or amended over time in conformance with the clause 11.2.

Contract

Contract refers to the contract for service supply made between you and Seekmove Ltd, in compliance with the basic membership terms & conditions.

Control

Control has the same meaning as in the Corporation Tax Act of 2010, section 1124.

Developer

Developer refers to a person who builds or renovates commercial or residential properties.

Content guide for the text on display products

It refers to the set of guidelines for displaying advertising products. It will ensure that adverts on the Seekmove Ltd platform are in conformance with the codes in CAP (Committee of Advertising Practice) and may be amended/changed or updated in conformance with the clause 11.2 with time.

Practicing guideline for conducting email marketing campaigns at their best

This refers to the practice guideline for carrying out e-marketing campaigns available on the website. It can be amended or updated with and over time in conformance with the clause 11.2.

Group

Group refers to any company, holding company or subsidiary.

IPR

Abbreviation for Intellectual Property Rights refers to all invention rights, utility models, patents, copyrights and associated rights, service mark, trade mark, domain names, business names, trade, trade dress rights, goodwill rights, database rights, design rights, computer software rights, topography rights, trade secret rights, and all other IPR in every case regardless of unregistered or registered including renewals, all applications, and even extensions for such rights, and all equivalent or similar rights of protection worldwide.

Liability Cap

Liability Cap refers to the amount of payable charges to Seekmove Ltd over a span of six months that precedes the issue immediately giving the right to a claim.

Locations

Locations refer to the physical locations that have been identified in your Basic Membership Application Form. These may vary in conformance with the clause 3.3.

Membership

Membership refers to your services entitlement subject to and compliance with these conditions.

Membership Form or Application form

It refers to the document that contains your general membership application along with the price details.

Mobile Platform

Mobile Platform refers to the Seekmove Ltd software applications for consumer use on mobile devices.

Notice Period

It refers to a 30 day prior notice provided in writing which expires on the last business day of the calendar month.

Platforms

Platforms refers to mobile platforms, websites and all other innovations and technological platforms operated or used by Seekmove Ltd to deliver services both now and in the coming years.

Price Schedule

It refers to the schedule of prices for different services. Prices are specified but may be amended with time and in conformance with these conditions.

Product Guidelines

Product Guidelines refers to commercial guidelines that contain detailed service descriptions along with specifications offered by Seekmove Ltd pertaining to the membership. Product Guidelines may be changed or updated in conformance with the clause 11.2 over time.

Property Owner

It refers to the individual who instructs you to let or sell their commercial or residential property.

Relevant Codes or Legislation

It refers to all the legislations applicable (such as statutory rules recognised by the regulatory authorities and EU law and subordinate legislation), codes and regulations applied in service provision by us or services offered by you to the clients including without limitation the Telecommunication Regulations 2000, the Estate Agent Act of 1979, Investigatory Powers Act of 2000, The Privacy & Electronic Regulations Act of 2003, The Data Protection Act of 1998, The 2008 Consumer Protection Regulations from Unfair Trading, 2008 Business Protection Regulations from Misleading Marketing, The United Kingdom Code for Non Broadcasting advertising, 2004 Housing Act, Direct Marketing and Sales Promotion Code.

Seekmove Ltd

It is a registered company in England. All references to “Our”, “We” or “Us” are for Seekmove Ltd.

Services

It refers to all the services provided by us as described in Product Guidelines.

Telephone Services

It refers to telephonic recording services which are mentioned in detail in our Product Guidelines.

Technical Guidelines

These guidelines include detailed description of the software along with specifications, internet connectivity and all other important technical requirements which are necessary for service provision such as procedural rules as well as platform usage guidelines. They are available on our website however; they may be amended or updated in compliance with the clause 11.2 with time.

Term

This refers to the term that is fixed and mentioned in the application form for membership.

User

It refers to the users/consumers of our platforms.

User Data

It refers to all the information related to our users either derived from or provided by the users while using platforms or telephonic services.

Virus

It refers to any device or thing including worms, malware and Trojan horses that may impair, prevent or affect the functionality of our platforms adversely or any hardware, software, network, telecommunication service, or equipment or any other device that may adversely affect, impair or prevent access to data or any programme or may hamper user experience.

Website

It refers to our website www.seekmove.com or any other Seekmove Ltd URL that may be nominated by us over time.

‘You’ and ‘Your’

They refer to the individual applying for membership.

Your Client

It refers to agents, landlords, property owners and developers.

Your Data

It refers to all your personal information furnished by you or any other 3rd party with your permission to us. This also includes your property information, photographs, property plans, property values and your client data.

1.2 Under these conditions, an individual basically refers to or includes a person, unincorporated or corporate body regardless of having or not having a legal personality, separately. Referencing to

a single body may include plural or vice versa. Any referencing to parties includes their successors and also permitted assigns. Referencing to either a statutory provision or statute is basically a reference to statutory or statute provision re-enacted or amended. Referencing to written or writing also includes electronic mail.


2. The Contract

2.1 The Application form for Agent Membership establishes an offer made by you to buy the services that are in compliance with the given conditions. The Application form for Agent Membership may be accepted if and only if Seekmove Ltd issues an acceptance letter in writing with the date showing that the contract has come into existence. Please note, that you agree that Seekmove Ltd can decline membership applications for any reason without giving any explanation.

2.2 These conditions are applicable to the agreed upon contract excluding any term that you may want to incorporate or impose or which otherwise may be implied by custom, practice or trade during the course of dealing.

2.3 Our services are mentioned and explained in detail under the section ‘Product Guidelines’. Please note that the latest version of product guidelines is available on our website.

2.4 In case there is some reason for a conflict with the term of conditions and brand guidelines, or product guidelines, technical guidelines, practice guidelines for email marketing, content guide for the text on display products, the terms of the conditions will still prevail. However, the precedence order in case of the conflict will be:

1. Conditions.
2. Brand guidelines.
3. Technical guidelines.
4. Product guidelines.
5. Application form for membership.
6. Practice guidelines for email marketing.
7. Content guide for the text on display products.

3. The Services

3.1 Seekmove Ltd shall offer or provide you the Services in compliance with our conditions. You shall be entitled only to services that are specified in the application form of your membership.

3.2 Please note that we, Seekmove Ltd, have all the rights reserved to make changes to services if and when it is necessary to conform to any safety requirement or applicable law, that doesn’t materially impact the quality or nature of services. We, Seekmove Ltd, shall inform or notify you before doing so.

3.3 You can request us in writing for the provision for more or further services at any point and time. Likewise we may also recommend to you further services in writing at any time, in written format. If both the parties agree then the further services or locations will be added to the application form pertaining to your membership. We, at Seekmove Ltd, shall keep the service list updated and furnish you to upon request.

3.4 Keeping in consideration clause 3.5, Seekmove Ltd, will try it to maintain and ensure availability of both its platforms and services.

3.5 You, agree and acknowledge that accessibility to telecommunication networks, the internet and other media for communication that are needed for services provision are exposed to risk such as viruses, piracy, transmission reliability, and data security. And that Seekmove Ltd doesn’t warrant that services of any kind will be offered to you without errors or interruptions. Seekmove Ltd, reserves all rights to discontinue either all or any part of the service when and as it may be needed to undertake or carry on emergency or routine maintenance with time.


4. Your Obligations and Responsibilities

4.1 You Shall:

4.1.1 Provide us, Seekmove Ltd, with accurate and complete information. This includes the terms in the application form for membership, your personal data and etc.

4.1.2 Cooperate with Seekmove Ltd in every way and for all matters related to services.

4.1.3 Acquire as well as maintain all the necessary permits, consents and licences that may be need for your business operation; and comply with all Codes and Relevant Legislation.

4.1.4 At all times, abide by and act in conformance to the best professional practices. And make sure that you don’t conduct business that may be unbefitting or inappropriate for any other member of Seekmove Ltd.

4.1.5 Provide us with accurate email addresses as well as contact numbers for all of the locations. Also, you agree to immediately inform or notify Seekmove Ltd of any kind of changes that may stop you from receiving calls or emails. Furthermore, in case if the method of communication nominated by you are unable to receive messages or calls, you will not hold us liable for any kind or degree of loss you experience.

4.2 You guarantee that:

4.2.1 You or your client will conduct your business as a developer or agent. You also affirm that you have provided us accurate information about your business and not misrepresented it.

4.2.2 You’re not a consumer as stated in the 1999 Unfair Terms in CCR (Consumer Contract Regulations).

4.2.3 If and when brand guidelines, or product guidelines, technical guidelines, practice guidelines for email marketing, content guide for the text on display products, place any kind of restriction or

obligation on you, you shall and will make sure that you observe the restriction or obligation completely.

4.2.4 Observe as well as perform all the contractual promises and obligations that you make to the users.


5. Charges and Payment

5.1 If we accept your membership, you will thereafter pay charges related to the Seekmove Ltd services you choose and use.

5.2 After term expiry, Seekmove Ltd has the right to vary or amend charges with time. Please note that you will get a prior thirty days or a month’s notice before charges are increased. Furthermore, we will also send you the updated price schedule.

5.3 Also, if and when in comparison to other members, your data or locations include a high volume of land or properties spread over diverse geographical landscape, you agree that we have all the rights to charge you more, accordingly and that we can charge you on a per property basis. 

5.4 In the event if the data provided by you doesn’t conform to the Technical Guideline requirements or doesn’t originate from the locations you’ve mentioned, then you agree to pay us additional charges that too at the rate prevailing for offering additional services.

5.5 Seekmove Ltd will raise service invoices that are payable in advance, unless specified. Please note that the payment should be made by either credit card or direct debit. Seekmove Ltd will take payments through direct debit five days after the date issued on the invoice. However, payments made through credit cards shall be taken on the date issued on the invoice. In the case that you dispute the raised amount on the invoice, then you’re liable to notify us that too within five business days starting from the invoice date.

5.6 The charges shall be exclusive of the amounts with respect to VAT for the mean time.

5.7 In the event of payment failure to Seekmove Ltd on the due date, you agree that we have the right to levy interest and also, legal fee in conformance to the 2011/7/EU Directive, until the actual payment of the overdue amount is made. You also agree that Seekmove Ltd has the right to charge £50 administrative fee.

5.8 If you’re unable to pay the amount on the payment due date, we have the right to suspend services offered or terminate the contract until all payments are made in full, along with interest charges. Seekmove Ltd, shall refer to a debt collector or agency if Invoices are not paid and your personal data for collection purpose may be provided to the agency and other third parties. Please note that this can affect both your credit securing ability and record.

5.9 If your contract with Seekmove Ltd is terminated because of your inability to make payments in a timely manner, and if you subsequently apply for the Basic membership again, we have all the rights to charge you with a reconnection fee. The reconnection fee will be £400/location and is subject to change with time.

5.10 Under this contract, you agree to pay the entire amount due in full in compliance with the law. And you’re not under any circumstance entitled or deemed to counter claim, set off, or assert credit to justify the act of withholding the due payment, in part or in whole.


6. Intellectual Property Use and Ownership

6.1 All Intellectual Property Rights related to the brand are owned by Seekmove Ltd. You don’t have any right to, under any condition or circumstance, use our Brand.

6.2 You only have a non-exclusive right as specified in our Brand Guidelines to use our logo and site URL. However, you acknowledge and agree that we have all the rights reserved to terminate the granted right immediately, without any notice and at our own discretion.

6.3 Seekmove Ltd is the only owner of, as well as control all the rights in all platforms. You agree that all IPRs that arise from and in connection to the services, platforms, technical guidelines, brand guidelines, product guidelines belong to Seekmove Ltd. And that nothing in the contract made shall under any condition or circumstance grant you any title, interest or right.


7. Data Use and Ownership

7.1 You will have the ownership of the data provided by you to Seekmove Ltd. We will act only as the processor of data for the purpose of 1998 Data Protection Act in the services provision. Furthermore, you also grant us a royalty free and non exclusive perpetual worldwide licence to:

7.1.1 Use the data provided by you, in combination with or separately from other data that is owned by us or licensed to us in:

7.1.1.1 Services provision.

7.1.1.2 Seekmove Ltd marketing activities.

7.1.1.3 New product or service promotion or development with time.

7.1.2 Sell or transfer any or all parts of the data that you have provided to us, to 3rd parties for publication or use.

7.2 You agree that we, Seekmove Ltd, are the data controller and owner of the user data and information in our possession. And that to provide services we shall transfer you the data, but as per the terms stated in clause 7. You also acknowledge that you’re the data controller of the user data copies which we provide to you.

7.3 Both of us will perform and practice our obligations as mentioned in the Legislation & Codes pertaining to your data and user data. Please note, that as members you shall not transfer the user data provided to 3 parties without the consent of the users.

7.4 Both of us guarantee and affirm that we will take strict organisational and technical measures when and if data (whether your or user data) is used, accessed or processed unlawfully. And both parties will take effective steps for compliance with these measures.

7.5 The data provided by you must be in conformance with the technical guideline requirements and transmitted to us accordingly. You agree that it is your responsibility that all technical requirements are met and you have the necessary technical equipment to enjoy the service benefits and securely and safely provide your confidential data to Seekmove Ltd.

7.6 Please note that the data provided by you shall be re-formatted by Seekmove Ltd to process it smoothly by our platforms. We will make reasonable endeavours for ensuring the data re- formatted is not changed or altered which may otherwise misrepresent your information. However, you agree that Seekmove Ltd, is not obligated to check the accuracy of your re-formatted data and that we have all the rights reserved to remove or refuse to put your data on our platforms. We can do so if we think or believe the data:

7.6.1 is inaccurate, illegal, immoral or offensive.

7.6.2 Could or does infringe IPRs of 3rd parties or contain any 3rd party private and confidential information.

7.6.3 Could or does harm Seekmove Ltd or others or both. 7.6.4 Fails to comply with Technical Guidelines.
7.7 You guarantee that the data provided by you:
7.7.1 is exclusively owned by you.

7.7.2 will not pose detrimental affects on the platforms availability, quality or functionality. 7.7.3 is virus free and complies with technical specifications.

7.7.4 will not breach regulations or any law or any 3rd party IPRs if it is reformatted or published on any of the platforms.

7.8 You agree that you will hold Seekmove Ltd harmless and indemnify all claims, direct or indirect, consequential liabilities such as loss and goodwill depletion, costs, damages, proceedings and expenses such as legal or professional fees which may be incurred, awarded against or paid by Seekmove Ltd in connection to or result of:

7.8.1 actual or alleged infringement of any 3rd party IPRs (whether it is or not present in the English law) that may arise from the supply or use of the data provided by you including the reformatted data.

2.       7.8.2  brand use or misuse which fails to comply with Brand Guidelines.

3.       7.8.3  contract breach by you or negligent act.

7.9 You agree that you will not use the data sourced by us or reference our relationship with you, without our written consent.


8. Confidentiality

8.1 You guarantee to keep all data confidential that have been disclosed to you by Seekmove Ltd. This includes commercial and technical know-how, inventions, initiatives, specifications and processes. Furthermore, you agree that you will not share any confidential data pertaining to Seekmove Ltd employees, subcontractors, agents, products, services or business which you may obtain as a member with us. You will restrict from any and all acts of disclosure of our confidential information. This clause shall survive contract termination.

9. Liability Limitation

9.1 Clause 9.2 lays down the whole financial liability of Seekmove Ltd to you with respect to any liability connected to or from your membership. Nothing shall refrain, exclude or limit Seekmove Ltd.’s liability for personal injury or death that may be caused by negligence, fraudulent misrepresentation or fraud.

9.2 Keeping in consideration clause 9.1:

9.2.1 Seekmove Ltd shall under no condition or circumstance be liable or accountable to you regardless of being in contract, tort, statutory duty breach, or otherwise any loss such as profit loss, business loss, goodwill loss, and loss of business reputation, or damage or loss of Your data, or any other consequential loss.

9.2.2 The total liability of Seekmove Ltd.’s towards you in regard to other types of losses that may arise in connection or under the contract shall not exceed the total that equals the 125 per cent of the liability cap.

9.3 You agree that all conditions, terms and warranties implied by the common law or statue are, excluded from this contract.

9.4 Clause 9 will survive contract termination.


10 Term & Termination

10.1 Keeping in consideration clause 10.2, the contract will be put into effect on the date specified also known as the commencement date and from then onwards continue until the term ends and thereafter until and unless it is terminated by either of the party giving a notice that is equal to the above mentioned Notice Period.

10.2 Please note that Seekmove Ltd has all rights reserved to terminate the contract immediately if:

10.2.1 you are found guilty of committing contract breach or failing to comply with the conditions, and if the breach can be fixed but you fail to do so within fourteen days of written notification.

10.2.2 a resolution is made because of your winding up/ bankruptcy or an order is passed and an administrator is appointed to handle your affairs, property or business or your documents are filed

in the court for administrator appointment or a qualified floating charge-holder gives you a notice of intention for appointing an administrator, or a manager/receiver is assigned and appointed for any or all of your assets.

10.2.3 there are changes in the control.

10.2.4 a dispute occurs under the contract.

10.2.4.1 breach process takes place and is completed without any satisfactory resolution.

10.2.4.2 or the breach process is subsequently abandoned because you fail to participate in the process even after Seekmove Ltd makes reasonable efforts to resolve the issue/dispute.

10.3 Without any prejudice, Seekmove Ltd has all rights to suspend the services provision immediately if we have reasons to suspect that you’re not complying with the terms of this contract. After suspension, we’ll review your membership and data based on which we’ll assess and determine whether or not you should be a member. Please note that you shall be liable to pay the cost that Seekmove Ltd will incur to review your membership. If for any reason, after the review process is complete we decide that you will not continue as a member, then your contract with us shall be terminated. We will notify you with a written notice.

10.4 If your contract is terminated regardless of any possible reason:

10.4.1 you will be liable to immediately settle and pay all of the Seekmove Ltd.’s outstanding unpaid invoices along with interest.

10.4.2 with regard to the supplied services for which no invoice has been issued or submitted, Seekmove Ltd shall provide you with an invoice which you will have to pay on receipt, immediately.

10.4.3 you will have to return all the materials, products as well as any other items that contain our Seekmove Ltd.’s Brand; or you shall destroy all products and materials as instructed by Seekmove Ltd.

10.4.4 You will have to permanently delete and erase all the confidential information of Seekmove Ltd which may be in your control or possession.

10.4.5 You will have to stop using all IPRs that belong to Seekmove Ltd, immediately.

10.4.6 the termination or expiration of contract will not affect the accrued remedies, liabilities, rights and obligations.

10.4.7 the licence under clause 7.1 will continue, and will be unaffected.
10.4.8 Clauses that have effect after contract termination will put into effect immediately.

11. General

11.1 You agree that Seekmove Ltd will not be liable in breach of the contract or for delay in carrying out any of the obligation that may result from circumstances, causes and events beyond its reasonable control.

11.2 You agree that Seekmove Ltd has all rights to amend and update the term of conditions, brand guidelines, product guidelines, technical guidelines, practice guidelines for email marketing, and content guide for the text on display products, with and over time according to the terms stated below:

11.2.1 If Seekmove Ltd wants to change or update the conditions; we will notify you of the changes seven days before the changes are put into effect. In case if you have any objection against any update or change made by us, you’re entitled to notify us in written format, within the notice period. We shall make efforts to resolve the matter within seven days starting from the time when we receive your notice for objection. Please note that if the objection made by you cannot be resolved for any reason within the time period then the contract shall be terminated. It can be terminated by either of the parties with a serving notice of 2 business days. If the contract is terminated, the change shall not be applicable to you. If, in case, we do not receive your objection notice within the notice period then you will have to agree to the change as the change made to the contract will be applicable to you.

11.2.2 Seekmove Ltd shall over time change all or any of its product guidelines, brand guidelines and technical guidelines. The updates or changes made to the guidelines will be posted on the website. You agree that the changes or updates made will be applicable to you and bind you starting from the time the updated version is posted on the website. We, Seekmove Ltd, shall send you a notification via email before posting the latest version with changes and updates on the website.

11.3 Except for the conditions, any changes including any additional term or condition newly introduced to this contract will only be applicable and binding if and when agreed in the written format and is signed by Seekmove Ltd.

11.4 Please note that any form of communication or notification for any other party in connection or under the contract shall be presented in writing. It shall be sent and delivered either by hand or by pre paid and first class post. It can also be sent by the delivery service for the next working day with postage proof or via email provided in the details of the application form for membership. Any communication or notification if sent and delivered by hand or has a signature of delivery receipt will be considered as received. It is important to understand that this clause is not applicable to proceeding service or other documents in case of legal action or any arbitration or method to resolve dispute.

11.5 Seekmove Ltd does not accept any liability for any service used that is promoted by us to the members. In case the member chooses to use any service promoted they confirm to the conditions and terms of the service provider.

11.6 These conditions along with the documents that have been referred to or mentioned are part of the whole/entire agreement made between and in consent with the parties in respect to the subject matter, and that no additional condition, term, statement or warrant will be applicable. All parties agree and acknowledge that when binding into a contract it doesn’t rely on warranty representation or provision that is not expressly written in the conditions and the associated documents. If, in case, it is decided by the court that any clause or part of the conditions or associated documents shall not be enforced then, the wordings or offending clause will not be applicable, but the remaining document will be applicable. Please note that a waiver made by the party for provision breach will not be considered a continuing waiver. Also, delay in or failure to exercise any right which is mentioned and stated in the conditions or associated documents will not under any circumstance prevent from exercising that right. You cannot transfer or assign any interest, benefit or obligation to others under this contract unless you have a written consent of Seekmove Ltd. Except for the member parties, no one including permitted assignees and successors have the right to implement or enforce any terms.

11.7 Any claim or dispute that may arise in connection to or out of will be construed according to England & Wales law. The parties agree and acknowledge irrevocably that Wales and England courts have non-exclusive jurisdiction to proceed and settle disputes and claims that may arise in connection or from this contract. 

 




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