Last Updated: May, 2016 Welcome to Movebubble, operated by Movebubble Ltd. (the “Company” or “Movebubble”). A company registered in England and Wales under registration number 08257717 with its registered office at 1 Neal's Yard, London, WC2H 9ER, United Kingdom.
1. Information about us. Movebubble (“Our”) Services. Movebubble offers a property search agent service for residential property lettings in London. The Service comprises of a contextual requirements gathering process to facilitate the sourcing and delivery of suitable properties for users of the Service, whilst providing a personalised experience. As part of the Service, appointments to view recommended properties with the advertising party can be requested and booked by us on behalf of the user of the Service. Furthermore, as part of the Service, Users can request Movebubble to make an offer on their behalf for a property with the advertising party. All offers are subject to contract and referencing. The individual terms of the relationship between you and the third party may vary and it is your responsibility to understand and agree to these directly with the advertising party Please note that we do not own or lease any properties ourselves and we do not act for any lettings or real estate agency. In addition to this, Movebubble provides a value-added content platform to provide information and guidance for rental and location related services.
b. By accessing or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service. Please print a copy of this Agreement for your records. To receive a non- electronic copy of this Agreement, please contact us at email@example.com. This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company in the Service.
3. Eligibility. By accessing and using the Service you confirm that you are at least 18 years of age. If you are not, then you must not use this Service. If you use the Service from outside of the United Kingdom, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.
5. User Responsibilities. As a user of this Service, you accept responsibility for activities, dealings and communications that occur within and outside of the Service, between yourself and the owner and/or advertising agent of any property sourced and viewed through use of the Service. The Company will book viewings with the advertising party on behalf of yourself as requested through this Service. The terms of the lease and/or guarantees will govern the resolution of any issues between owners, agents, renters, prospective renters, guarantors or prospective guarantors for a renter or any other person other than us. It is your responsibility to negotiate the terms of the lease and other related arrangements. We are not, and cannot be, a party to any contract (including any lease or guarantee) between our users who are independently submitting details of their property and tenancy requirements. We accept no responsibility in relation to any lease or guarantee or the suitability of any property being let. Prospective renters, guarantors and other users of this Service are reminded to verify the accuracy of any content and property related information with the advertising party.
6. Termination. This Agreement will remain in effect whilst you use the Service and/or have a Movebubble account. You may terminate your account at any time, for any reason, by contacting us at firstname.lastname@example.org from the email address registered on the account, and state clearly your request for account termination. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion.
7. Account Security. You are responsible for maintaining the confidentiality of the password you designate during the registration process, and you are solely responsible for all activities that occur under your email address and password. You agree to immediately notify the Company of any disclosure or unauthorised use of your email address or password or any other breach of security at email@example.com and ensure that you log out from your account at the end of each session.
8. Non-commercial Use by Users. The Service is for personal use only. Users may not use the Service or any content contained in the Service (including, but not limited to, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavours, such as (i) advertising or soliciting users to buy or sell any products or services not offered by the Company or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Organisations, companies, and/or businesses may not use the Service for any purpose. The Company may investigate and take any available legal action in response to illegal and/or unauthorised uses of the Service.
9. Intellectual Property Rights. The Company and its licensors own and retain the rights in the Service, and in all material, content (including, but not limited to, text, images, designs, graphics, logos, information, sound and video, and the look and feel, design and compilation thereof), software (including, computer code, interface and website structure) and other intellectual property rights related thereto. We and our licensors are the owners and/or authorised users of all trademarks, service marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Service, unless otherwise indicated.
a. You agree that you are only permitted to use this material and/or content as set out in these Terms or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content. Except as provided in these Terms, use of the Service does not grant you any right, title, interest or license to any such intellectual property you may access through the Service. Except as provided in these Terms, any use or reproduction of the intellectual property is prohibited.
b. You may view this Service and may print hard copies of material access through the Service solely for your lawful, personal, use. None of the material may be used for any commercial or public use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide.
c. You are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.
10. Materials submitted by you. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Service, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary.
a. You agree that any information or materials submitted by you to this Service, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source and by posting your content on the Service, you give us a worldwide, sub-licensable, transferable, non-exclusive, perpetual, royalty-free licence to reproduce, adapt, modify, translate, publish, publicly display and distribute any of your content for the purposes of enabling us to provide the Service in accordance with these Terms or to further develop and market our services. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors.
b. You agree that we may in our sole discretion determine any attribution(s) and use of our trademarks. You will not make any statement which suggests you are in partnership with, sponsored by or endorsed by us without our prior written approval. You give your irrevocable consent to us producing and distributing incidental depictions, including screenshots, video, images or other parts of your content in the course of promoting, marketing, or demonstrating our services, and, where you provide feedback or suggestions about the Service, you agree that we may use such information without obligation to you and you grant us all necessary rights for these purposes.
c. You agree that we shall have no liability for any loss or damage suffered by you as a result of use or disclosure of such materials by us to the extent permitted by law. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
11. No reliance on information. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content access via the Service. Whilst we make reasonable efforts to update the information within the Service, we make no representations, warranties or guarantees, whether express or implied, that the content within the Service is accurate, complete or up-to-date.
12. Property Information Disclaimer. Movebubble Limited is not an estate agency or letting agency. Our company provides a service whereby users can view publicly available information in the form of residential property listings via one single interface as a “search agent” current operates. In addition, we provide a service enabling you to make an offer on a property, subject to contract and referencing agreements directly between you and the advertising party. We are responsible for facilitating the sourcing of property listings for individual users based on their requirements. We do not vet the advertiser at the source of the property listing. We accept no responsibility for the accuracy of the descriptions and information as this is produced by the advertiser, nor do we accept responsibility for ensuring the information complies with all Applicable Regulations. We cannot guarantee the accuracy of the property information or the nearby information and time indicators as provided within the Service. You are responsible for checking, confirming and satisfying yourself as to the accuracy of any property details and for obtaining legal or other advice before entering into any lettings or tenancy agreement or other contract. We hereby disclaim, to the fullest extent permitted by law, any and all responsibility for the accuracy or completeness of any information contained within the property details provided. Additionally, no information contained within, or access via, the Service should be deemed to constitute the provision of financial, legal or professional advice in any way.
13. Third Party Goods and Services. We do not vouch for those persons, companies and other organisations whose goods or services may be accessed, advertised or displayed through or within the Service. Any dealings between you and any third party advertisers, agents or merchants found on or via the Service, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant advertiser, agent or merchant. Therefore, we are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
14. Interactive services. We may from time to time provide interactive services on our Service, including, without limitation:
• chat rooms • push notifications • bulletin boards • instant messaging • help facilities
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided within our Service, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we within our Service, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
15. Acceptable Use Policy. Prohibited Activities. The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve an persons you meet as a direct result of using the Service. The following is a partial list of the type of actions that you may not engage with in respect to the Service. You will not:
• impersonate any person or entity. • use the Service in an illegal manner or to commit an illegal act. • access the Service in a jurisdiction in which it is illegal or unauthorised. • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. • collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service. • interfere with or disrupt the Service or the servers or networks connected to the Service. • “frame” or “mirror” any part of the Service, without the Company’s prior written authorization. • use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose. • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so. • post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement. • use the Service in any way that breaches any applicable local, national or international law or regulation. • use the Service in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. • use the Service for the purpose of harming or attempting to harm minors in any way. • send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below. • knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You also agree: • not to reproduce, duplicate, copy or re-sell any part of our Service in contravention of the provisions of these Terms. • not to access without authority, interfere with, damage or disrupt: 1. any part of our Service; 2. any equipment or network on which our Service is stored; 3. any software used in the provision of our Service; or 4. any equipment or network or software owned or used by any third party.
16. Restriction, Suspension and Termination. We may restrict, suspend or terminate your access to the Service and/or your ability to avail of any of the services within the Service, including interactive services, if we believe that you have breached these Terms at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms. We may also remove the Service as a whole or any sections or features of the Service at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms. We will determine, in our discretion, whether there has been a breach of the Acceptable Use Policy through your use of our Service. Failure to comply with the Acceptable Use Policy constitutes a material breach of these Terms and may result in our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use our Service. • Immediate, temporary or permanent removal of any posting or material uploaded by you to our Service. • Issue of a warning to you. • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. • Further legal action against you. • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
17. Limitation of our liability. a. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Service or any content within it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our Service; or • use of or reliance on any content displayed within or accessed via our Service. • In particular, we will not be liable for: • loss of profits, sales, business, or revenue; • business interruption; • loss of anticipated savings; • loss or misunderstanding of fees or payments made to an advertising party; • loss of business opportunity, goodwill or reputation; or • any other indirect or consequential loss or damage.
b. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Service or to your downloading of any content within, or from any website or other service linked from any area within our Service.
18. Viruses. We do not guarantee that our Service will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Service. You should use your own virus protection software. You must not misuse our Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Service, the server on which our Service is stored or any server, computer or database connected to our Service. You must not attack our Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately.
19. Links. We assume no responsibility for the content of websites linked to from our Service. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
20. Applicable law. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, your use of this Service although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country. These Terms and any dispute arising or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes and claims) shall be governed by and construed in accordance with the laws of England and Wales.
The Service is an English language website and mobile application and (whether or not the words are translated into another language) these Terms are to be construed and interpreted for all legal purposes in the English language and will be given their English language meaning under English law. Movebubble is not and will not be a party to any Tenancy Contract entered into between Owners, Agents and Renters and any Guarantors or other parties (which is expressly excluded and is outside the scope of these Terms) who must satisfy themselves as to the appropriate governing law and jurisdiction depending upon the location of the tenancy property and the contracting parties.
21. Indemnity. You hereby indemnify us against any loss, damage or cost incurred by us arising out of your use of this Service, any of its services or any information accessible over or through the Service, including information obtained from linked sites, your submission or transmission of information or material on or through the Service or your violation of these Terms or any other laws, regulations and rules. You will also indemnify against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defences.
22. Notice. The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorised manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorised manner.
24. Amendment. This Agreement is subject to change by the Company at any time.
25. Requesting to place an offer on a property.
a. A User may request to make an offer and reserve a property via the Movebubble Service.
b. When a User makes a request to make an offer on a particular property, Movebubble, acting on the Users behalf, will contact the advertising party to place the offer. We may require additional information from you in order to place this offer on your behalf.
c. Placing an offer on a property is subject to the advertising party’s acceptance of the offer, under their terms and conditions, and subject to terms, Right to Rent and referencing. The advertising party may require approval from their client, the Landlord.
d. An offer for a property will include an amount for monthly rent and a time for the length of tenancy, including a start date, as well as additional information as required by the advertising party.
e. If the offer is accepted by the advertising party and/or Landlord the User will be required to pay a Holding Fee to proceed the offer on the property. Movebubble will charge the User’s registered debit or credit card the value of the Holding Fee.
f. The advertising party will proceed to perform additional referencing checks to confirm the stated information provided by you to make the offer. Please be aware that your offer is subject to clearance of this referencing process.
g. The Holding Fee shows good faith on the part of the User and enables the Advertising Part and/or Landlord to take further action such as beginning reference checking and preparing agreements.
h. The Holding Fee is typically deducted from the first month’s rent should the Users be approved through the referencing process and the tenancy agreement go ahead. Please consult the exact terms for the advertising party you wish to make an offer with.
i. Should the User withdraw from the proposed letting, through no fault of the Advertising Party and/or Landlord, the advertising party may withhold some or all of the Holding Fee to cover their costs which may include, but is not limited to, any fee that the Advertising Party has agreed to pay Movebubble. The amount withheld is determined by the Advertising Party as per their terms and conditions to which the User is subject. Your relationship is with the advertising party only at this point.