Terms and Conditions

  1. Terms
    1. These Terms apply to the access and use of the platform managed by When You Move Limited, company registration number 09638243, registered office The Junction, Station Road, Watford, Hertfordshire, WD17 1ET (WYM). No other terms apply, including all terms and conditions otherwise implied by law, custom or previous course of dealing to the maximum extent permitted by law.
    2. WYM reserves the right to update these Terms from time to time at its discretion. If WYM does so, the updated version of the Terms will be effective as soon as it is accessible on the WYM website.
  1. Definitions
    1. In these Terms:
    2. Client means the individual, company or other organisation engaging the Provider;
    3. Client Content means all content uploaded to the WYM System by the Client;
    4. Content means the information accessible through the WYM System including information relating to Providers and Transactions;
    5. Introducer means the company or other organisation that referred the Client to the Provider through the WYM System;
    6. IP Rights means any patent, trade mark, registered design or any application for registration of the same, or the right to apply for registration of the same, any copyright or related, database right, design rights, rights in trade, business or domain names, rights in trade dress, rights in inventions, rights in confidential information or know-how or any similar of equivalent rights in any part of the world;
    7. Privacy Notice means the document provided by WYM to the Client detailing the purpose, lawful bases and manner of WYM’s processing of Client’s personal data;
    8. Provider means the Client’s provider of property advice and transaction services relating to the Transaction;
    9. Registration Form means the form completed by the Client within the WYM System;
    10. Services means the access to the WYM System and Content;
    11. WYM System means the WYM service platform enabling the Client to access information relating to its Transaction;
    12. Transaction means the Client’s property transaction;
    13. Words in the singular include the plural and in the plural include the singular;
    14. Headings shall not affect the interpretation of these Terms;
    15. References to Conditions are, unless otherwise provided, references to the conditions of these Terms;
    16. Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party’s other rights and remedies; and
    17. Any phrase introduced by the words ‘including’ shall be construed as illustrative and shall not limit the generality of the related words.
  1. Registration
    1. The Client warrants that all information that it provides to the WYM System or that has been provided by its Introducer is accurate and complete and shall promptly make any changes to its WYM account as necessary to reflect any changes in such information.
    2. The Client is responsible for maintaining the confidentiality of its login credentials to access the WYM System. The Client shall not allow any third party, including a third party acting as the Client’s agent, to access its account, the WYM System and/or the Content without the prior written consent of WYM. The Client shall contact WYM immediately if it believes there has been any unauthorized use of its account.
  1. Use of WYM System
    1. WYM grants to the Client a personal non-exclusive, non-transferable right to use the WYM System and Content solely to follow progress of its Transaction. The Client shall have no right to sub-license its use of the WYM System and the Client is responsible for configuring its own WYM Systems appropriately to access and use the WYM System.
    2. The WYM System must not be used for any illegal or unauthorised purpose. In particular, the Client agrees not to (a) try to gain unauthorised access to the WYM System or any networks, servers or computer WYM Systems connected to the WYM System; (b) make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the WYM System; (c) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the WYM System or attempt to gain access to the source code, save to the extent expressly permitted by law and not capable of exclusions; (d) allow any third party to use or access the WYM System; and/or (e) attempt to interfere with the proper working of the WYM System and, in particular, attempt to circumvent security, licence control or other protection mechanisms, or tamper with, hack into or otherwise disrupt the WYM System. The Client shall indemnify WYM for any costs, claims, losses, expenses, liabilities or damages suffered by WYM as a result of any breach of this Condition 4.2.
    3. WYM will use reasonable endeavours to make the WYM System available at all times. However, there may be occasions when access to the WYM System may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
    4. WYM shall use all reasonable endeavours to keep the WYM System secure but the Client acknowledges that the WYM System may be subject to breaches of security and that WYM shall have no liability for any lost data or unavailability as a result of any attack or assault on its security or any attempt to disrupt the WYM System.
  1. Providers and Content
    1. Providers are requested to upload Content to the WYM System. WYM does not screen or monitor such Content and is not liable for such Content whether it is incomplete, inaccurate, out of date or otherwise unlawful. WYM makes no warranty or representation in relation to any Provider, and WYM has no liability to the Client for any act or omission of Provider. WYM is not party to any contract between a Client and Provider.
    2. The Client shall also be entitled to upload Client Content to the WYM System. The Client warrants that (a) the Client Content shall comply with all applicable laws and regulations; (b) the use of the Client Content within the WYM System shall not infringe any third party IP Rights; (c) the use in the WYM System of any information relating to an identified or identifiable natural person in the Client Content shall not infringe any laws relating to data protection; and (d) the Client Content shall be up-to-date, accurate and complete.
    3. The Provider grants a non-exclusive, royalty free, transferable licence to WYM to (a) reproduce the Client Content in the WYM System; and (b) allow the Provider and Introducer related to the Transaction to access and rely on the Client Content in order to progress and manage the Transaction.
  1. Services
    1. WYM shall provide the Services to the Client with all due skill and care.
    2. WYM shall use all reasonable endeavours to provide the Services in a timely manner, provided that time for delivery of the Services and the Content shall not be of the essence.
  1. Fees
    1. Subject to Condition 7.2, WYM does not charge Clients for using the WYM System. If in the future, WYM offers additional services at extra costs, WYM shall agree such extra costs with the Client before providing access to such additional services.
    2. The Client shall promptly pay all fees due to a Provider in respect of a Transaction. The Client acknowledges and agrees that (a) WYM shall receive a proportion of the fee paid by the Client to the Provider; (b) WYM shall retain a proportion of that fee; and (c) WYM and shall pay to the Introducer a proportion of that fee.
  1. IP Rights
    1. The Client acknowledges that no IP Rights in the WYM System and/or the Content are assigned to it under these Terms.
    2. The Client hereby assigns to WYM all IP Rights that may exist in any feedback, reviews, comments, proposals or amendments that it provides to WYM in respect of the WYM System and/or the Services.
  1. Warranties
    1. The Client is solely responsible for ensuring that the Services are appropriate and suitable for its needs. The Client agrees that (a) the Content, including the identity of the Providers and information relating to the Providers, does not constitute any form of advice or recommendation by WYM; and (b) WYM does not warrant that the Content is accurate or complete or that any particular result will be achieved, achievable or achieved by the Client in relation to the WYM System and/or the Services.
    2. Except as set out in these Terms, and to the extent permitted by law, no representations, warranties or conditions are given or assumed by WYM in relation to the Services and the Client agrees that it has not relied upon any other representations, warranties or conditions to enter into these Terms.
    1. WYM excludes any and all liability to the Client, whether for breach of contract, tort (including negligence) or otherwise for (a) loss of profit, sales or business; (b) loss or corruption of data or information; (c) business interruption; (d) loss of business opportunity or anticipated saving; and/or (e) any indirect or consequential or incidental loss incurred by the Client even if WYM has been advised of the possibility of such losses. The Client agrees that the provisions of this Condition 10.1 are severable.
    2. In any event, WYM’s entire liability to the Client under these Terms, including any breach of warranty, condition, or for any representation, statement, act or omission of WYM shall be limited to the fees received and retained by WYM in respect of the Transaction.
    3. Nothing in these Terms shall operate to limit or exclude WYM’s liability for (a) death or personal injury resulting from negligence; (b) fraud or fraudulent misrepresentation; and/or (c) any other liability that cannot lawfully be excluded under English law.
    4. The Client acknowledges that the WYM System may link to third party websites. Any link from the WYM System does not imply any endorsement, approval or recommendation of, or responsibility for, those websites or their content or operators. To the maximum extent permitted by English law, WYM excludes all responsibility or liability for those websites.
  1. Confidentiality and Data Protection
    1. The Client warrants that it has read and understood WYM’s Privacy Notice.
    2. The Client acknowledges that in providing its consent to WYM processing its personal data, it does so with full knowledge of the matters contained within the Privacy Notice.
    3. WYM shall use its best endeavours to keep confidential all personal data of the Client, and all confidential information relating to the Transaction and shall use such personal data and information only in respect of the Services.
  1. Termination
    1. These Terms shall end on completion of the Transaction. On termination (a) WYM shall immediately cease to perform the Services; and (b) the Client shall cease to access and/or use the Content and the WYM System.
    2. Termination shall not affect the accrued rights of each party. Notwithstanding termination, the following Conditions shall remain in force: Conditions 8 (IP Rights), 9 (Warranties), 10 (Liability), 11 (Confidentiality and Data Protection), 12.2 (Termination), 13 (General) and 14 (Governing Law & Jurisdiction).
  1. General
    1. These Terms constitute the entire understanding between the parties with respect to their subject matter and supersedes all prior agreements, standard terms, negotiations and discussions between the parties relating to it.
    2. Nothing in these Terms shall confer or purport to confer on any third party, including a Provider, any benefit or the right to enforce any of these Terms under the Contracts (Rights of Third Parties) Act 1999.
    3. The failure or delay of a party to exercise or enforce any right under these Terms shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any other time. Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party’s other rights and remedies.
    4. If any provision of these Terms is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties.
    5. Any notice given under these Terms shall be in writing and shall be served by delivering the notice personally or pre-paid first class post to the latest address notified. Any such notice shall be deemed to have been received if delivered personally at the time of delivery and if delivered by first class post 48 hours from the date of posting.
  1. Governing Law & Jurisdiction
    1. These Terms shall be governed by and construed in accordance with English law and each party hereby irrevocably submits to the exclusive jurisdiction of the English courts.