iSold Terms and Conditions

Our small print isn't so small

iSold Terms and Conditions

iSold provides both estate agency services and an online advertising service under which iSold will advertise its customers' properties. Prior to listing properties on the iSold website, iSold has carried out all the usual steps to ensure that the description of the properties complies with all applicable estate agency regulations.

iSold acts as agent for the seller of a property and the iSold website allows interested purchasers to register and contact the Seller to arrange to view the property. All communications are monitored by iSold.

It is a condition of use of the iSold website that all communications relating to an offer to purchase a property advertised for sale by iSold and any negotiations in relation to the sale of such property are conducted via the designated iSold estate agency team and not privately between the iSold seller and any prospective purchaser introduced by iSold.

The iSold Terms and Conditions govern your relationship with Indigo Limited (iSold, we or us) and are made up of:

General Terms and Conditions governing use of the iSold Market website
Service Terms and Conditions governing use of the iSold service

Please read the Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to the Terms and Conditions, please do not register for or use the iSold site.

Please note that to use any of the services provided on the iSold site, you are required to register as an authorised user on the site.

The iSold site is owned and operated by Indigo Limited a company registered in England and Wales whose registered office is at Colwyn House, Sheepen Way, Colchester, Essex CO3 3LD.

If you have any queries please contact Customer Services on 0808 1223333 (9am to 8pm Monday to Friday).

Company Registration No. 4192147

THE TERMS & CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

iSold- General Terms and Conditions

1.Use of the iSold site. The iSold site is provided for your personal use subject to these General Terms and Conditions. By using the iSold site you agree to be bound by these General Terms and Conditions.

2.Amendments. We may update the General Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the iSold site. The changes will apply to the use of the iSold site immediately after we have given notice. If you do not wish to accept the new General Terms and Conditions you should not continue to use the iSold site. If you continue to use the iSold site after the date on which the change comes into effect, your use of the iSold site indicates your agreement to be bound by the new General Terms and Conditions.

3.Registration. To register with iSold you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

4.Password and security. When you register to use the iSold site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details) immediately. If iSold has reason to believe that there is likely to be a breach of security or misuse of the iSold site, we may require you to change your password or we may suspend your account as described below.

5.Promotional Offers & Discount Vouchers. From time to time iSold may carry out joint-promotions with its partners. Any such promotions will be subject to certain usual restrictions on use which will be detailed in the specific terms and conditions attaching to such promotions.

Limitation of liability. iSold shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any special offer, eCoupon or any failure or inability of a customer or household to make use of a special offer or e-Coupon for any reason.

Miscellaneous. We reserve the right to vary or terminate the operation of any special offer, eCoupon or similar item at any time without notice.

6.Refunds on promotional offers. Refunds (if applicable) for services purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.

7.Excluded Services. The services provided by the iSold site do not include the provision of computer or other necessary equipment to access the iSold site. To use the iSold site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.

8.Intellectual property. The content of the iSold site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the iSold site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the iSold site without written permission from iSold.

No licence is granted to you in these General Terms and Conditions to use any trade mark of iSold or its partners.

9.Limitations. You may not use the iSold site for any of the following purposes:

disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
gaining unauthorised access to other computer systems
interfering with any other person's use or enjoyment of the iSold site
breaching any laws concerning the use of public telecommunications networks
interfering or disrupting networks or websites connected to the iSold site
making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner

iSold reserves the right to refuse to post material on the iSold site or to remove material already posted on the iSold site.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

any claim by any third party that the use of the iSold site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice
any claim by any third party that the use of the iSold site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and...
any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the iSold site by you.

10.Availability of the iSold site. Although iSold aims to offer you the best service possible, iSold makes no promise that the services at the iSold site will meet your requirements. iSold cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to Customer Services (see below for contact details) or by email at support@isold.com and we will attempt to correct the fault as soon as we reasonably can.

Your access to the iSold site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. iSold will attempt to restore the service as soon as it reasonably can.

11.iSold's right to suspend or cancel your registration. iSold may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these General Terms and Conditions.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the iSold site. The suspension or cancellation of your registration and your right to use the iSold site shall not affect either party's rights or liabilities.

12.iSold liability. The iSold site is provided by iSold without any warranties or guarantees. You must bear the risks associated with the use of the Internet.

The iSold site provides content from other Internet sites or resources and while iSold tries to ensure that material included on the iSold site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. iSold will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the iSold site. If iSold is informed of any inaccuracies in the material provided by iSold on the iSold site we will attempt to correct the inaccuracies as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

incompatibility of the iSold site with any of your equipment, software or telecommunications links
technical problems including errors or interruptions of the iSold site
unsuitability, unreliability or inaccuracy of the content of the iSold site
inadequacy of the iSold site to meet your requirements

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the iSold site.

Nothing in these General Terms and Conditions shall exclude iSold's liability for personal injury or death caused by its negligence.

13.Third Party Websites. As a convenience to iSold customers, the iSold site includes links to other web sites or material which are beyond its control. iSold is not responsible for content on any site outside the iSold site.

14.Advertising and Sponsorship. Part of the iSold site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the iSold site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

15.Applicable Law. These Service Terms and Conditions are subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England or Wales.

16.International Use. iSold makes no promise that materials on the iSold site are appropriate or available for use in locations outside the United Kingdom, and accessing the iSold site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

17.Miscellaneous. You may not assign, sub-license or otherwise transfer any of your rights under these General Terms and Conditions.

If any provision of these General Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these General Terms and Conditions, which shall remain in full force and effect.

If you breach these General Terms and Conditions and iSold ignores this, iSold will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the General Terms and Conditions.

iSold shall not be responsible for any breach of these General Terms and Conditions caused by circumstances beyond its control.

A person who is not a party to these General Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these General Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

iSold - Service Terms and Conditions

These Service Terms and Conditions are made up of three parts:

Part 1: terms and conditions applicable only to sellers (or potential sellers)
Part 2: terms and conditions applicable only to buyers (or potential buyers)
Part 3: terms and conditions applicable to all users of iSold

Part 1: TERMS AND CONDITIONS ONLY FOR SELLERS

1.The iSold online valuation tool is designed to provide you with an indicative market price range for your property based on an analysis of recent transactions registered with the Land Registry. The iSold online valuation tools let you input information about a particular postcode and/or property and then use the Land Registry database and a service provided by an third party data processor to provide a range of recent sales in your area from which you are able to select that which you believe (on the basis of your local knowledge) most closely reflects your particular property. The iSold online valuation tool does not take account of factors such as an increase in value due to a property being initially purchased below market value, home improvements that have been made, or differences in the quality of decoration and fittings. There are many other factors that can affect the price a buyer is prepared to pay. Therefore, it is only a starting point, after which you must do your own research.

2.For technical reasons, once we have finalised the listing details for your property it may take up to 24 hours for your advert to appear on the iSold site.

3.If you choose to purchase a For Sale board to display outside the property we may pass your name to a third party contractor who will supply the For Sale board to you directly.

4.If you erect or move the For Sale board, you must place the For Sale board in a safe place and in accordance with all local rules and regulations (for example, if you live in a conservation area you may need permission from your local planning authority to display a For Sale board).

5.To protect the environment, the third party contractor will re-use iSold branded signs. So, please take care of the For Sale board. If the sign needs to be replaced because you have not taken care of it, you may incur a charge.

6.Any communications regarding arranging a viewing of your property are between you and any potential buyer, are direct and, whilst iSold will monitor these communications, you should proceed with care and not communicate outside the iSold website. The contact details which you provide to iSold must be correct and kept up to date at all times.

7.Buyers can not enter into negotiations with you direct. All such negotiations must be conducted via the iSold team.

8.A property transaction is an important event for both buyers and sellers, so you must behave with good faith towards the buyer. You must not engage in any kind of behaviour which may make a potential buyer feel uncomfortable or seeks to impact the normal course of any negotiation or transaction (for example, communicating with a potential buyer on an excessive basis or making false offers designed to drive up the price, either yourself or via a third party).

9.If you have more than one prospective buyer iSold will assist you in deciding whether to proceed with the sale of the property. If you choose to go ahead, you must choose with whom to transact. You have total discretion and you do not, for example, have to choose the highest offer price.

Part 2: TERMS AND CONDITIONS ONLY FOR BUYERS

1. It is your responsibility to check the property corresponds with the advert.

2. We recommend you view the property and obtain advice from a licensed conveyancer/solicitor and a surveyor before committing to any purchase.

3. You are responsible for ensuring that you have the necessary capacity and funds to purchase the property.

4. You are responsible for attending viewings for the property which you arrange with the seller.

5. You are not permitted to enter into negotiations for the purchase of the property directly with the seller, all such communications must be handled via the iSold team.

6. A property transaction is an important event for both buyers and sellers, so you must behave with good faith towards the seller. You must not engage in any kind of behaviour which may make a potential seller feel uncomfortable or seeks to impact the normal course of any negotiation or transaction (for example, communicating with a potential seller on an excessive basis or putting pressure on the seller to reduce the price to achieve a sale, either yourself or via a third party).

7. If the seller has more than one prospective buyer it is the seller (advised by the iSold team) who chooses with whom to transact for the sale of the property. The seller has total discretion and does not, for example, have to choose the highest offer price. The seller may also choose not to sell the property at all.

8. "Sold, subject to contract" status will only be achieved for the property when the Seller indicates that the price offered for the purchase of the property is acceptable to them.

Part 3: TERMS AND CONDITIONS IN GENERAL

1. We may update the Service Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the iSold site. The changes will apply to the use of the iSold service immediately after we have given notice. If you do not wish to accept the new Service Terms and Conditions you should not continue to use the iSold service. If you continue to use the iSold service after the date on which the change comes into effect, your use of the iSold service indicates your agreement to be bound by the new Service Terms and Conditions.

2. If we reasonably believe that you may be in breach of these Service Terms and Conditions we can immediately suspend your use of the iSold service.

3. You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the iSold service.

4. You will compensate us for any claims against us or expenses incurred by us if you breach these Service Terms and Conditions or the General Terms and Conditions.

5. You may not use any contact details displayed on the iSold site to undertake any activity relating to the sale of goods or services.

6. The iSold site includes material which is beyond its control (for example, data provided by the Land Registry). iSold is not responsible for material provided by third parties.

7. The iSold site allows you to purchase third party goods and services associated with the house selling process. These services will be provided by the stated third party and not iSold. Other than to put in place the procedures to enable you to purchase that third party good or service, iSold has no responsibilities to you in relation to it and the separate terms and conditions of the relevant supplier will apply.

8. You may not transfer any of your rights under these Service Terms and Conditions to any other person. We may transfer our rights under these service Terms and Conditions to another business where we reasonably believe your rights will not be affected.

9. If you breach these Service Terms and Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Service Terms and Conditions.

10. We shall not be responsible for any breach of these Service Terms and Conditions caused by circumstances beyond our control.

11.Except as expressly set out in these Service Terms and Conditions, all use of your personal information will be made in accordance with our Privacy Policy.

12.When ordering from the iSold site we accept orders for adverts only from Web browsers that permit communication through Secure Socket Layer (SSL) technology, this means you cannot inadvertently place an order through an unsecured connection.

13.These Service Terms and Conditions are subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England or Wales.

iSold Terms and Conditions

Our small print isn't so small