Terms & Conditions for Sellers

1.1 These terms and conditions of use (Terms) explain how you may use the Propelr Service and any platform made available to you from time to time by us in respect of the Propelr Service and any of its content (Platform).

1.2 These Terms apply between Propelr Property Limited (we, us or our) and you, the person accessing or using the Propelr Service and/or Platform (you or your). The Propelr Service may be used by you for the purpose of selling a property (Seller) or buying a property (Buyer). For the purposes of these Terms the relevant property whose sale is being facilitated through the Platform shall be referred to as “the Property” and the sale or purchase of the Property shall be “the Transaction”

1.3 The “Propelr Service” is the service offered by us in respect of facilitating residential conveyancing transactions, including use of the Platform where applicable.

1.4 These terms are organised as follows:

1.4.1 Part A – General Terms of Use

1.4.2 Part B – Terms of Use for Sellers Specifically

1.5 You should read these Terms carefully before using the Propelr Service. By using the Propelr Service or otherwise indicating your consent, you agree to be bound by Part A and Part B of these Terms.

2.1 We are Propelr Property Limited, a company registered in England and Wales under company registration number 14625731. Our registered office is at 71 Queen Victoria Street, London, United Kingdom, EC4V 4BE.

2.2 If you have any questions about the Propelr Service, please contact us by: 2.2.1 sending an email to help@propelr.co.uk, or

2.2.2 filling out and submitting the online form available atpropelr.co.uk,

3.1 The Propelr Service is for your use only.

3.2 The Propelr Service relates to properties in the United Kingdom. We do not represent that content available on or through the Propelr Service is appropriate for use or available in other locations.

3.3 We try to make the Propelr Service and the Platform as accessible as possible. If you have any difficulties using the Propelr Service or the Platform, please contact us using the contact details at the top of this page.

3.4 As a condition of your use of the Propelr Service, you agree not to:

3.4.1 misuse or attack our Platform by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of service attack), or

3.4.2 attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform.

3.5 We may prevent or suspend your access to the Propelr Service and/or the Platform if you do not comply with these Terms or any applicable law.

4.1 When you join the Propelr Service as a Seller, we will provide you with a choice of solicitors from our panel. You may select which solicitor you wish to represent you throughout the Transaction. If you have no preference, we will assign a solicitor to you.

4.2 If you use the Propelr Service, you agree to provide any information requested by us, the Platform or your assigned solicitor within a reasonable timeframe and without undue delay.

4.3 If at any time you would like more information about why you have been asked to provide further details or information then you may contact us for further details regarding the request, as set out in clause 2.2 above.

4.4 Throughout the Transaction, you shall cooperate fully and liaise promptly with us and your assigned solicitor. If you are unable to comply with this clause 4 for any reason, you shall notify us of this reason in writing. If we are not notified of such reason, or are not reasonably satisfied by the reason provided, any undue delay shall constitute a breach of this clause and these Terms.

5.1 Use of the Propelr Service shall require registration and payment.

5.2 We are not obliged to permit anyone to register with the Propelr Service and we may refuse, terminate or suspend registration to anyone at any time.

5.3 You are responsible for making sure that your password and any other account details for the Platform are kept secure and confidential.

5.4 If we have reason to believe there is likely to be a breach of security or misuse of the Platform through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.

5.5 Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy available at https://www.propelr.co.uk/privacy-policy.

6.1 We reserve the right to:

6.1.1 terminate your account if we have evidence that it is being used in an inappropriate manner or in breach of these Terms; and

6.1.2 identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of our Acceptable Use Policy if we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.

6.2 If you believe that any content which is distributed or published by the Propelr Service or the Platform is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at https://www.propelr.co.uk/privacy-policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

8.1 The intellectual property rights in the Propelr Service and in any text, images, video, audio or other multimedia content, software or other information or material prepared by us or accessible from the Platform (Platform Content) are owned by us and our licensors.

8.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

8.3 Nothing in these Terms grants you any legal rights in the Platform or the Platform Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Platform or the Platform Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Platform or the Platform Content.

Trademarks: the word ‘Propelr’, the propeller logo and various combinations thereof are our trademarks. Other third party trademarks used on the site from time to time remain trademarks of their respective owners. Other trademarks and trade names may also be used on the Platform or in the Platform Content. Use by you of any trademarks on the Platform or in the Platform Content is strictly prohibited unless you have our prior written permission.

9.1 Whenever you provide information, documents or content, including information about the Property and photographs of the Property (User Materials) to the Propelr Service, you must ensure that the content is accurate and complete.

9.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

9.3 You retain all of your ownership rights in User Materials you provide, but grant us the right to use, store and copy the User Materials and to distribute and make them available to necessary third parties for the purpose of providing you the services and for the purpose of the Transaction. You agree that we may use any User Materials that relate to the Property in accordance with clause 10 below.

10.1 Through the course of the Transaction, we and your appointed solicitor will gather information about the Property. This may include information uploaded by you in respect of the Property itself and information about any mortgage you may enter, including the name of lender and type of mortgage.

10.2 You consent to us retaining this information for the purposes of any future transactions or otherwise for a period 10 years. This information will be used on an anonymised basis and at a level of detail that is appropriate for its use. We will not share any personal data with third parties unless it is necessary and we have your consent.

11.1 We try to make sure that the Propelr Service is accurate, up-to-date and that the Platform is free from bugs, but we cannot promise that it will be. Any reliance that you may place on the information provided by the Propelr Service is at your own risk.

11.2 We may suspend or terminate access or operation of the Propelr Service at any time as we see fit.

11.3 While we try to make sure that the Propelr Service is available for your use, we do not promise that the Propelr Service will be available at all times or that your use of the Platform will be uninterrupted.

The Platform may contain hyperlinks or references to third party websites other than the Platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.

13.1 If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time these Terms were formed, it was

either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

13.2 Without affecting any other clause in this Agreement, our liability under or in connection with clause 13.1 shall be limited to £10,000 for each and every claim. This limit shall apply however that liability arises, including, without limitation, a liability arising by breach of contract, arising by tort (including, without limitation, the tort of negligence) or arising by breach of statutory duty.

13.3 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

13.4 We are not liable to you for any loss or damage as a result of the valuation of the Property.

13.5 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.

No one other than us or you has any right to enforce any of these Terms.

16.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 16.

16.2 We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Platform and by continuing to use and access the Propelr Service following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

17.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.

17.2 The laws of England and Wales apply to these Terms.

17.3 Any disputes (including non-contractual disputes or claims) arising out of or in connection with these Terms will be subject to exclusive jurisdiction of the courts of England and Wales.

Part B – Terms of Use for Sellers Specifically

18.1 If you are a Seller who has not used the Propelr Service prior to the relevant Transaction, you shall be registered to use the Propelr Service according to the following process;

18.1.1 You will receive an email from us, containing an information pack and registration instructions;

18.1.2 You will follow the instructions provided and register for the Propelr Service, providing a username and password for your account on the Platform if requested. You will be asked to provide any necessary ID documents and other relevant information;

18.1.3 The ID documents that you provide will be reviewed by Thirdfort or another verified third party. Processing of those documents will be in accordance with that third party’s terms of service. Your ID documents will be shared with your assigned solicitor. They will not be shared with any other third party.

18.1.4 We will carry out all necessary checks of the information provided and request any further information we require as necessary;

18.1.5 As outlined in clause 4.1, you will be given the opportunity to select the solicitor to be assigned to you. If you have no preference, we will assign a solicitor to you. When you select your solicitor, you accept that there may be a reason that particular solicitor cannot be assigned to you, and if so you accept that another solicitor may be assigned to you by us.

18.1.6 Once all necessary checks have been completed, your matter will be sent to your assigned solicitor.

19.1 If you are a Seller who has registered for the Propelr Service, you will be required to provide certain information relating to yourself and the Property. This information may include, but is not limited to, any of the following:

19.1.1 Details of the Property, including the full address;

19.1.2 If the Property is unregistered, details about the title deeds to the Property, including where they can be obtained if you do not hold them;

19.1.3 Proof of ownership for the Property;

19.1.4 Your intended sale price (and deposit) for the Property;

19.1.5 Images of the Property for use on the Platform;

19.1.6 Any contents in the Property that are to be included in the sale;

19.1.7 Copies of any physical deeds for the Property that you possess;

19.1.8 Information relating to any existing mortgage for the Property;

19.1.9 Any existing covenants or obligations for the Property which you are aware of, such as a service charge for the estate;

19.1.10 A valid EPC for the Property;

19.1.11 Completed copies of a TA6 Property Information Form, a TA10 Fixtures and Fittings Form and (if applicable) a TA8 New Home Information Form (we may provide these forms for you to complete);

19.1.12 (If applicable) a management pack obtained from the management company for the Property; and

19.1.13 Details of any existing insurance policy in place in relation to the Property.

20.1 Unless otherwise agreed in writing, if you are a Seller, you will be responsible for paying the following costs:

20.1.1 Our standard service fee of £200 which is payable to us when you register to use the Platform;

20.1.2 All reasonably incurred disbursement costs (including the cost of any searches carried out) for the Buyer’s assigned solicitor; and

20.1.3 All reasonably incurred disbursement costs for your own assigned solicitor. 20.1.4 Any applicable VAT payable on any of the above payments.

20.2 Any of the above costs incurred by a solicitor shall be payable to that solicitor.

20.3 When the Transaction is completed, the legal costs for your solicitor, plus the agreed base legal costs for the Buyer’s assigned solicitor (as advised to you at the outset), plus any agent fees if applicable and any other outstanding payments for disbursements, will be deducted from the completion monies received from the Buyer before the remainder is paid to you.

20.4 If you decide to withdraw the Transaction prior to completing the Transaction you shall be responsible for paying the abortive legal costs for the Buyer’s assigned solicitor and your assigned solicitor.

20.5 All payments made under this clause 20 are non-refundable and exclusive of VAT.