The term ‘Cucompare’ or ‘us’ or ‘we’ refers to the owner of the website (Cucompare Ltd) whose registered office is 16-18 Belmont Road, BT4 2AN. Our company registration number is NI636044. The term ‘you’ refers to the user or viewer of our website.
Cucompare operates www.cucompare.co.uk (“Website”) which allows our users (“you”) to be contacted by participating estate agents (“Estate Agent(s)”) local to the area in which you own property (“Property”) thereby giving Estate Agents the opportunity to quote for the right to market the Property on your behalf. The operation of the Website by us to provide the functionality as set out in these Terms (defined below) shall for the purpose of these Terms be referred to as the “Services”.
If you are using our Website and Services on somebody else’s behalf, for example, if you are not the registered owner of the Property, then in addition to your obligation to comply with these Terms you shall procure that party’s compliance at all times with these Terms. In the event of such a party breaching any of these Terms such a breach shall for the purpose of these Terms be considered a breach by you.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
2.1 In order to use the Services provided by this website you will be required to complete specific personal information about yourself (“Personal Details”) so that we can open an account on your behalf (“User Account or Dashboard”). In addition, you will be required to complete specific and relevant property details (“Property Details”) regarding the Property. It is your responsibility to ensure that these Personal Details and Property Details are correct.
2.1a When registering to use the Website we will provide you with a password to be used with your email address. You remain responsible for all actions taken under your login details and undertake not to disclose your password to anyone else and keep it secure.
2.1b Before using our services, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to use our services. You can only use the Services provided by this Website if you are eligible to enter into a contract and are at least 18 years old
2.1d You agree we may contact you by using e-mail or other electronic communication methods.
2.2 Once you have requested a quote, we will send your Property Details to Estate Agents who operate in the area the Property is located (“Bid”). For a list of Estate Agents who operate in your area please see the relevant area of the Website. We will use all reasonable endeavours to ensure that your Personal Details and Property Details will be in such format that an Estate Agent cannot easily identify you but we offer no form of guarantee that this will be the case.
2.2a You will initially receive a list of immediate quotes from participating agents indicating either a fixed fee or percentage, a minimum fee or a range of fees. Some agents will provide “No Quote” immediately but will be notified to submit a tender (“Quote”)to you within 72 hours.
2.3 Estate Agents that we submit the Bid too will be invited to submit their Quote in order to market the Property on your behalf. Please note that we cannot guarantee that a particular Estate Agent or indeed any Estate Agent will submit a Quote.
2.3a Estate Agents who have provided an initial quote will be notified that they have done so, and be invited to submit a revised or final quote for your consideration.
2.4 Once we receive any Quote we will use all reasonable endeavours to notify you that we have received a Quote. After quoting the agent will be supplied with a receipt email but no personal contact details will be supplied to the agent. If you have registered a User Account, you will receive an email from us notifying you that a Quote has been received and inviting you to access your User Account/Dashboard to view.
2.5 Once you are happy to proceed to valuation, you can select any number of Quotes to arrange a face to face meeting. This is done by selecting “Connect” for the relevant agent in your Quote Pages, following which we will transfer your Personal Contact Details (your name, your address, email and contact number) as are requested by the Estate Agents along with all previously anonymised Property Details to the selected Estate Agents.
2.6 The Estate Agents should then contact you in order to arrange a full valuation of the Property. We cannot provide you with any guarantee that an Estate Agent will at this stage contact you.
2.7 You should make your own arrangements with the Estate Agents in order to meet with them and agree to the Estate Agent’s Terms as well as any other relevant terms that may apply to any subsequent contractual relationship with the Estate Agents. For the avoidance of doubt we are not a party to any contract you enter into with the Estate Agents and we make no representation as to the reasonableness or otherwise of the Estate Agent’s Terms.
2.7.1 Please note that we are only provided with limited information, at a point in time, in respect of properties listed on our website. Agents’ fees are calculated based on this limited information – as a result we cannot always guarantee agents’ will honour their marketing proposals (in respect of fees or otherwise) where a property differs from the information available. If an agent does not honour their marketing proposal you undertake to notify us as such in order to ensure we can update our system and/or remove the agent from our listings.
2.8 The Estate Agent has agreed to pay us a fixed fee (“Commission”) which shall be taken out of the total commission the Estate Agent receives upon the sale of the Property. You agree to make the necessary arrangement with the Estate Agent in order to permit payment to us of the commission out of the total commission due to the Estate Agent from the proceeds of sale of the Property.
2.9 You must notify us immediately after exchange of contracts and completion takes place in relation to the sale or letting of the Property.
3.1 By submitting your Personal Details and Property Details, you make an offer to us to use our Services and enter into a contract with us (“Contract”) which shall be subject to these Terms.
3.2 We reserve the right to reject your offer at our sole discretion. Your offer shall not be deemed accepted by us until we have emailed you a confirmatory message confirming your User Account details and the Contract between us and you shall be formed at the date and time we send the confirmatory message to you.
3.3 In consideration for us providing the Services you agree to provide your Personal Details and Property Details (as requested) and to ensure that such details are correct.
4.1 We are not an Estate Agency, nor are we members of the National Association of Estate Agents or any similar regulatory body.
4.2 Other than as provided within clause 2 we do not have any communication with the Estate Agent and we shall have no responsibility for any act, omission or responsibility by the Estate Agent in any way whatsoever.
4.3 We will use our reasonable endeavours to ensure that where relevant all Property Details and Personal Details are anonymised and we will use our reasonable endeavours to pass this information on to the Estate Agent in accordance with clause 2.
4.4 The information we provide about Estate Agents is compiled by us in good faith and collected from information available in the public domain. We provide no warranty as to the accuracy of such information and your use or reliance on such information is entirely at your own risk.
4.5 We do not use and are not a party to any Estate Agent’s Terms that you may be asked to agree to before an Estate Agent markets the Property. You should read the Estate Agent’s Terms carefully and seek your own independent legal advice if you have any comments or questions in relation to them.
4.6 Whilst we will use our reasonable endeavours to ensure that the Website and Services are always available and the information we provide is accurate and complete we make no warranty whatsoever in relation to such availability, accuracy or completeness. Your use or reliance on such information is entirely at your own risk.
4.7 We make no warranty whatsoever that the Services or the equipment that makes the Services available shall be free from any viruses or anything else which may cause harm to your (or anyone else’s) computing equipment. However, we will make use of commercially available virus checking software in order to reasonably seek to minimise any related risk.
4.8 The Services and the Website are provided on an “as is” basis. Other than as stated in these Terms we make no (and expressly exclude all) conditions, representation or warranties, express or implied, whether by statute, common law or otherwise, to the greatest extent permitted by law.
4.9 We may suspend or terminate, for any reason and without notice, any or all Services.
5.1 You agree to comply with all the terms and conditions of these Terms.
5.2 You must ensure that the Personal Details and Property Details you supply us with are correct, accurate, up to date and not misleading in any way. Furthermore you agree to notify us immediately if there are any changes to your Personal Details or the Property Details by accessing your User Account. A failure on your part to do this may result in your incurring potential future liability to the Estate Agent and may impact on the Services and/or us withdrawing the Services.
5.3 You agree to promptly provide us with all such assistance and information as we may from time to time reasonably request.
5.4 You warrant that you have the right to sell the Property or that the person on whose behalf you are selling the Property has the right to sell the Property.
5.5 You agree to comply with all applicable laws, regulations and these Terms that apply to your use of the Website and the Services.
5.6 You agree to ensure that your use of the Website and the Services does not infringe the rights of any other person or body.
5.7 You agree that you shall not do any of the following without our prior written consent, either solely or jointly with or on behalf of any third party directly or indirectly:
- 5.7.1 Reproduce or copy information and material on the Website and any other material sent to you by us (“Material”) or create derivative works from it or modify or in any way commercially exploit any of the Material;
- 5.7.2 Distribute, transmit or publish any of the Material (including using it as part of any library, archive or similar service);
- 5.7.3 Create a database in electronic or structured manual form by downloading and storing all or any of the Material for any purpose whatsoever.
5.8 You agree that in relation to the Website and Services you will not either solely or jointly with or on behalf of any third party directly or indirectly:
- 5.8.1 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as privacy and publicity) of others;
- 5.8.2 Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful or objectionable material of information;
- 5.8.3 Do anything which is in any way unlawful;
- 5.8.4 Upload files that contain software or other material protected by intellectual property rights (or by rights of privacy) unless you own or control such rights or have received all necessary consents;
- 5.8.5 Make available, distribute or upload any files that contain viruses, bugs, corrupted files, Trojan horses, worms or any other software or malicious programs that may in any way cause damage or harm;
- 5.8.6 Delete any other attributions, legal notices (including but not limited to copyright and trademark notices) or proprietary designations or labels in any file that is uploaded;
- 5.8.7 Falsify the origin or source of software or other material contained in a file that is uploaded;
- 5.8.8 Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters;
- 5.8.9 Impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or email address or try to mislead others as to the identity or origin of any communications;
- 5.8.10 Damage, interfere with or disrupt access to the Website or the Services or do anything which may interrupt or impair the Website’s functionality.
6.1Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. In consideration of you complying with these Terms, we grant you a non-commercial, non-exclusive, non-transferrable, royalty free licence to:
6.2 View, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below. You may retrieve, display and view the Material on your computer, tablet, mobile or similar device;
6.3 You must not: (a) Republish material from this website (including republication on another website)without our permission; (b) Sell, rent or otherwise sub-license material on the website; (c) Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; (d) Redistribute material from this website except for content specifically and expressly made available for redistribution Where content is specifically made available for redistribution, it may only be redistributed for noncommercial use.
Charge and cancellation
7.1 We may terminate the Contract formed with you at any time and for any reason.
7.2 You may terminate the Contract with us if we have committed a material breach of these Terms and fail to rectify such breach within thirty days of notice from you and provided that in such notice you clearly indicate your intention to terminate the Contract with us if we fail to rectify the breach.
7.3 For the avoidance of doubt where we have supplied a Quote to you and the Contract is then terminated in accordance with these Terms, the Commission due to us from the Estate Agent will remain payable to us by the Estate Agent and your obligations to assist in relation to the payment of the Commission will continue.
7.4 If you decide to terminate these Terms, we would welcome any feedback from you regarding the Services provided to date and we would request you supply any such feedback by emailing us firstname.lastname@example.org.
Our liability to you
8.1 Nothing in these Terms shall limit or exclude our liability to you for death or personal injury where this is caused by our negligence.
8.2 We shall not be liable to you for any loss of profits, loss of time, loss of opportunity, loss of data, damage to reputation, loss of use of money, any consequential or indirect loss, or for any loss which is not reasonably foreseeable to us as a consequence of our breach of these Terms. This exclusion of liability shall apply to all such losses whether they are direct, indirect or consequential losses.
8.3 To the extent that we are liable to you our liability shall be limited to the Commission due to us from the Estate Agent in relation to the Property and as specified in the Memorandum.
8.4 For the avoidance of doubt, we make no warranty to and are not in any way responsible for goods or services that are supplied by third parties through or otherwise in relation to the Website or the Services. For example, we are not responsible for and shall not be liable to you, or to any third party, in relation to any act or omission of the Estate Agent. Any such matters must be taken up with the Estate Agent who are responsible directly to you for such matters.
8.5 All warranties expressed or implied whether by statute, common law or otherwise are excluded to the fullest extent permitted by law.
Your liability to us
9.1 You agree to indemnify us (cover all our losses) against all and any expenses, losses, liabilities, damages, costs incurred or suffered by us in relation to any claims or proceedings, which arise in any way from your use of the Website and Services or from any breach by you of these Terms or from any use of the Website or Services by anyone using your User Account.
How we use your personal details and property details
Other important terms
11.1 We shall not be in breach of our responsibilities under these Terms nor liable for any delay in performing, or failure to perform, any of our responsibilities under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.
11.2 We shall be entitled to change these Terms at any time in our sole discretion by providing an updated copy of these Terms on the Website. For the avoidance of doubt, any update to these Terms shall apply to the Contract with immediate effect upon the date they are uploaded to the Website.
11.3 We may serve notice upon you by any of the following means:
11.3.1 Email; or
11.3.2 A general notice on the Website.
11.4 We may transfer our rights and responsibilities under these Terms to a third party. You are not entitled to assign or transfer your rights or responsibilities under these Terms to a third party unless we consent in writing.
11.5 This contract is between you and us. No other person shall have any rights to enforce any of its terms and for the avoidance of doubt, the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
11.6 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of the terms are unlawful, the remaining terms will remain in full force and effect.
11.7 These Terms constitute the entire agreement between us in relation to your use of the Website and the Services.
11.8 If we fail to insist you perform any of your responsibilities under these Terms, of if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with these Terms.
This website and its content is copyright of Cucompare – © Cucompare Ltd 2016. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
• you may print or download to a local hard disk extracts for your personal and non-commercial use only
• you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.