Terms of Use

Introduction

These Terms of Use govern your use of the Truuli Website at www.truuli.co.uk and our Online System.

This document (referred to as our ‘Terms of Use’) provides you with information about the terms upon which we agree to permit, provide and allow you access and use of the Website and Online Platform. We grant permission for you to print a copy of this document and refer to it as you use our Systems and Services.

If it is necessary for us to amend these Terms of Use or add or remove any part at any time we will post such changes on www.truuli.co.uk. It is your responsibility to check the Website for any changes. You agree to be bound by such changes should you continue to use the Systems and Services.

SHOULD YOU FIND ANY FUTURE CHANGES TO BE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SYSTEMS AND SERVICES. YOUR CONTINUED USE OF THE SYSTEMS AND SERVICES NOW OR FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND OF ANY SUCH CHANGES.

Definition of words and phrases in these terms

‘Account’ means your Account that we operate and you control within the Online System. For the avoidance of doubt, this includes the area where you instruct Truuli and manage the process of a sale, purchase, let and/or rent (including all marketing services).

‘Complimentary’ means free of charge without financial payment.

‘Content’ means all of the content, documents, information and matters on or in your Account or contained within the Website and or Online System, whether through the Website and/or Online System or uploaded manually.

‘Deferred Payment’ means the definition contained in the Service Agreement.

‘Online System means the Complimentary software which is provided to customers in correlation with these Terms of Use.

‘Fully Managed service’ means our fully managed lettings service, offered where requested. For further information, visit our lettings page.

‘Introduction service’ means our standalone create your own advert service. For further information, visit our lettings page.

‘Rent Collection service’ means our rent collect service offered from time to time. For further information, please visit our lettings page

‘Privacy Policy’ means the Privacy Policy (as amended from time to time) published on the Website and Online System.

‘Products & Services’ means all and each of the products and/or services offered from time to time by Truuli within the Website and Online System.

‘Systems’ means the Website and Complimentary or subscribed (following a payment) access to the Online System.

‘Terms’ means these Terms of Use and Privacy Policy (which can be amended from time to time).

‘User’ means you or anyone who uses the Systems

‘Website’ means www.truuli.co.uk, including all systems, Software and processes hosted therein.

Acceptable use terms

There are rules and standards, which we request you abide by in connection with your use of the Systems; this is for the protection of all Users.

Truuli reserve the right to enforce those guidelines, as it deems appropriate in its sole discretion. This means that if you, or anyone using your Account, Truuli password or identifying information, violate these Terms, Truuli may take any and all actions from the delivery of a warning to terminating your right to use the Systems (without refund or part credit of any fees incurred) to involvement of the appropriate authorities that Truuli deems necessary or appropriate. Truuli may provide notice prior to terminating your right to use the Systems for violating these Terms, but we are not required to do so.

BY USING THE SYSTEMS, YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST TRUULI, AND TO HOLD TRUULI HARMLESS AND INDEMNIFY TRUULI WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY TRUULI AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED OR THE WITHDRAWAL OF THE SYSTEMS WHETHER TEMPORARILY OR PERMANENT. THIS MEANS THAT YOU CANNOT SUE TRUULI OR RECOVER ANY DAMAGES WHATSOEVER FROM TRUULI AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY CONTENT OR INFORMATION, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SYSTEMS, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS TAKEN PLACE. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

Notices

Truuli may send you notices with respect to the Systems by sending an e-mail message to the email address listed in your Truuli Account or by sending a letter via postal mail to the contact address listed in your Truuli Account.

Legal principles

If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Truuli’s failure to enforce any right or provisions in the Terms will not constitute a waiver of such provision, or any other provision of the Terms.

The personal information, which you give to Truuli when registering for access to the Systems, will be used in connection with your use of the Systems and will be transferred to and maintained in Truuli records in the United Kingdom. If you do not consent to this transfer, do not accept these terms and conditions.

You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than you, as a User of the Systems, and Truuli.

Warranties Disclaimer; Liability Limitations

You in all conscious, agree that your use of, or inability to use, the Systems is your responsibility. The Systems are provided without warranties of any kind, ’as-is‘ and ’as-available‘ for use, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

In no case shall Truuli, its Directors, Officers, Employees, Affiliates, Agents or Contractors be liable for any direct, indirect, incidental, special or consequential damages arising from your use of any of the Systems or for any other claim related in any way to your use of the Systems.

Special Provisions

As set out in this agreement, you are solely responsible for your use of the Systems, including all Content you generate or upload to Truuli. Truuli is not and will not be responsible for what is contained in any such Content Truuli are unable to warrant or guarantee that any photos, photobooks, digital images, data or text (collectively, ’Content‘ for the purpose of this provision) you create, upload, send or store for the intent of your use of the Systems will not be subject to inadvertent damage, corruption or destruction. If any Content is damaged, lost or corrupted in any way, Truuli will have no liability or obligation to you.

By submitting Content to Truuli you are representing that you are the owner of such material, or have proper authorisation from the owner of the Content to distribute it. You hereby grant Truuli a worldwide, royalty-free, non-exclusive license to use the Content for the limited purpose of providing and processing the Systems.

Although Truuli invites you to use the Systems to parade your creativity, Truuli reserves the right to refuse to process any order or upload submitted by you containing Content that Truuli, in its sole discretion, deems abusive, obscene, defamatory, in violation of copyright or trademark laws, or otherwise offensive, illegal, inappropriate or unacceptable, including any material Truuli believes may cause any liability for it under any applicable law or regulation, or which may cause Truuli to lose the Systems any suppliers provide as part of the Systems or in connection with fulfilling any order for Systems. In particular, Truuli reserves the right to refuse to process orders or uploads containing Content which, in Truuli sole opinion, contains expressions of abuse, offensive language or images, obscenity or pornography (including but not limited to child abuse or child pornography, and/or depictions of minors engaged in sexual conduct or explicitly sexual situations).

No ownership

Nothing in this Agreement shall be construed to convey to you any interest, title, or license in a Truuli password, email address, domain name, or similar resource used by you in connection with the Systems or the Software.

Truuli Privacy Policy

You understand that by using the Systems, you consent and agree to the collection and use of information about you and your use of the Website in accordance with our Privacy Policy. You further consent and agree that we may gather, use, transmit, process and store information related to your Account, and any devices or computers registered thereunder, for purposes of providing the Systems, and any features therein, to you. Information gathered when you use the Systems may also include technical or diagnostic information related to your use that may be used by us to support, improve and enhance our Systems. For further information please view our full Privacy Policy.

Registration Process

In order to use the Online System you will need to register an account on www.truuli.co.uk.

You are required to provide accurate information and agree to our verification process. We will, as part of the registration process, take details of your IP address; by registering with Truuli you give us express permission to do so. Once registration is complete we will open your Complimentary Account, which will give you access to the Online System.

We advise that you keep all your Account information, user names and passwords secret and do not disclose the details to anyone. Please refer to the Terms of Use for further information, terms and conditions.

Anti Money Laundering

All estate agents have a legal obligation to conduct identification checks on their customers in accordance with the Anti-Money Laundering legislation.

For sellers identity verification checks take place at the point you instruct Truuli. For buyers this takes place at the point your offer is accepted by a seller.

We shall carry out an electronic identification check, which has no impact on your credit rating, and all information that we receive in connection with the search will solely be used for the purposes of the Anti-Money Laundering legislation.

Once the result of the electronic check is ascertained, unless we have a copy of acceptable photo ID (see List A below), we shall ask you two simple security questions to confirm that you are the person identified.

In the event we have been unable to verify a customer’s identification by way of an electronic check you will be required to provide us with two forms of identification, one from LIST 1 and one from LIST 2 below. We require these documents prior to being able to proceed with the transaction.

LIST 1	LIST 2
Current passport	Utility bill (gas, electric, satellite television, landline phone bill) issued within the last three months
Original birth certificate (UK birth certificate issued within 12 months of the date of birth in full form including those issued by UK authorities overseas such as Embassies High Commissions and HM Forces)	Local authority council tax bill for the current council tax year
EEA member state identity card (which can also be used as evidence of address if it carries this)	Current UK driving licence (if not used for the name evidence)
Current UK or EEA photo card driving licence	Bank, Building Society or Credit Union statement or passbook dated within the last three months
Full old-style driving licence	Original mortgage statement from a recognised lender issued for the last full year
Photographic registration cards for self-employed individuals in the construction industry -CIS4	Solicitors letter within the last three months confirming recent house purchase or land registry confirmation of address
Benefit book or original notification letter from Benefits Agency	Council or housing association rent card or tenancy agreement for the current year
Firearms or shotgun certificate	Benefit book or original notification letter from Benefits Agency (but not if used as proof of name)
Residence permit issued by the Home Office to EEA nationals on sight of own country passport	HMRC self-assessment letters or tax demand dated within the current financial year
National identity card bearing a photograph of the applicant	Electoral Register entry
	NHS Medical card or letter of confirmation from GP’s practice of registration with the surgery

Your Truuli Property Expert will take a copy of the original documents in your presence. If this is not possible then we request certified copies are sent via the post or e-mail. The Post Office provides a certification service; please follow the link below to find where this service is available.

http://www.postoffice.co.uk/document-certification-service

Alternatively, you may also use a notary, bank, solicitor, notary, financial institution, independent professional person, a family doctor, chartered accountant, civil servant, or minister of religion.

Online System Access

Once you have registered with Truuli you will be given access to the Online System. You will then be able to use the Online System subject to these Terms of Use, the Privacy Policy and any other terms and conditions you have agreed to. Please ensure you have full knowledge of these terms and conditions.

Booking a free valuation

A free valuation from a Truuli Property Expert is available with all of our Products and Service.

Your agreement

You are in agreement that you will NOT use the Systems to:

pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person, entity, another User, a Truuli employee, or , or otherwise misrepresent your affiliation with a person or entity (Truuli reserves the right to reject or block any Truuli ID or e-mail address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);
upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libellous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
stalk, harass, threaten or harm another;
engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Systems (or any part thereof), or any other computer software or hardware;
post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements
interfere with or disrupt the Systems (including accessing the Systems through any automated means, like scripts or web crawlers), or any servers or networks connected to the Systems, or any policies, requirements or regulations of networks connected to the Systems (including any unauthorised access to, use or monitoring of data or traffic thereon);
plan or engage in any illegal activity; and/or
gather and store personal information on any other Users of the Systems to be used in connection with any of the foregoing prohibited activities.

You further agree:

not to reveal your Account information to anyone;
that you are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Truuli of any security breach;
that the Products and Services are designed and intended for personal use on an individual basis and you should not share your Account information and/or password details with other individuals and/or corporate bodies;
that provided we have exercised reasonable skill and due care, Truuli shall not be responsible for any losses arising out of the unauthorised use of your Account resulting from you not following these rules;
Truuli will never ask you to reveal your account password either verbally or in writing;
to provide accurate and complete information when you register with, and as you use the Systems and you agree to update your account information to keep it accurate and complete.
that failure to provide accurate, current and complete Account information and data may result in the suspension and/or termination of your Account and/or Products and Services (without refund or part credit of fees paid).

Account and Content Access

Truuli reserves the right to take steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Truuli may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as Truuli believes is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Truuli, its Users, a third party, or the public as required or permitted by law.

By agreeing to these Terms you agree and accept that certain personal information will need to be disclosed to third parties such as a Seller, prospective Purchaser, legal advisor, Estate Agent, third party web portals and such others as Truuli deems necessary to enable them to provide the Systems and Service.

For the avoidance of doubt, Truuli reserves the right to take control of your Account, including changing your login details and password, in order to enforce all or any element of these Terms or Service Agreement.

Using your Information

Truuli consider a prospective Purchaser or Tenant to be someone wishing to view a property, to provide feedback, to make an offer to purchase/let or who agrees a sale/let. Truuli may be required to disclose the name, address and contact details of the prospective Purchaser or Tenant to the Seller or Landlord (and vice versa) in advance of a viewing or any subsequent viewing taking place at the Seller’s or Landlord’s property. By participating in any of the above services or processes, you provide consent for your information to be disclosed.

Should you choose a Deffered Payment Option we will disclose to the Provider such information as we request from you on the Online System when you Instruct Truuli and when any event should occur that represents a Deferred Payment Date.

Removal of content

You are aware and acknowledge that Truuli is not responsible or liable in any way for any Content or information provided by others and has no duty to pre-screen such Content. However, Truuli reserves the right at all times to decide whether Content is appropriate and in compliance with this Agreement, and may preview, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.

Truuli also reserves the right to access your account (which may involve taking complete control) to ensure the orderly and reasonable conduct in accordance with these terms, the Privacy Policy and (if applicable) Service Agreement. This may include withdrawal of properties that have been sold or let by another agent or the withdrawal of offers to sell or let a property. You shall be given verbal notice to take the necessary steps to remedy the issue. Should you fail to respond to this request within 3 days, we will provide a further 7 days in writing, after which Truuli will take the appropriate action.

Legal advisor

Truuli will need to disclose the name, address, contact details, proposed purchase address, the amount the property is being sold/purchased for and any conditions of sale in relation to both the Seller and the Purchaser to the Legal Advisors acting on either or both sides of the transaction. By agreeing to these Terms you agree to allow us to do so. Further information regarding this can be viewed in the Truuli Privacy Statement.

Other Estate Agents and Mortgage Advisors

Truuli may be required to disclose the name, address, contact details, proposed purchase address, the amount the property is being sold/purchased for and any conditions of sale in relation to both the Seller and the Purchaser to any Estate Agent and/or Mortgage Advisor involved in the transaction. By agreeing to these Terms you consent to us doing so.

Data and information

Any personal data or information received by Truuli from you shall only be used for the purposes of this Agreement and will not be further processed or disclosed without the consent of you, other than in circumstances outlined in this Agreement.

Truuli confirm nothing in this Agreement shall oblige you to disclose any information to Truuli if it is of the view that to do so would be a breach of the Data Protection Act 1998.

Truuli shall indemnify you for any breach of the legislation above, which renders you liable for any costs, fines, claims or expenses howsoever arising. In fulfilment of its obligations above, Truuli will have in place and will maintain at all times the Information Standards which will deal comprehensively with:

The protection of the confidentiality, integrity and security of all and any information supplied to Truuli by you;
The audit and accounting procedures in place to deal with the requirements of this clause;
The reliability and training of staff to ensure awareness of (and compliance with) their obligations;
Any other measures and procedures to ensure that Truuli obligations under the above clauses are met.

Any information and or data, which are provided by you to Truuli, shall remain at all times the property of you. It shall be identified, clearly marked and recorded as such by Truuli on all media and in all documentation.

Truuli shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of this data and information.

Truuli agrees to comply and have adequate measures in place to ensure that our staffs comply at all times with the provisions and obligations contained in (as amended from time to time):

The Telecommunications (Data Protection and Privacy) (Direct Marketing).
Regulations 1998 4.4.3 The Consumer Protection Distance Selling Regulations 2000.
The Data Protection Act 1998.

Legals

If you believe that any Content in which you claim copyright has been infringed by anyone using the Systems, please contact Truuli at compliance@truuli.co.uk. Truuli may, in its sole discretion, suspend and/or terminate Accounts of Users that are found to be repeat infringers.

Violations of this agreement

Should you encounter Content on our Systems you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email to complaints@truuli.co.uk.

License from you

Whilst Truuli does not claim ownership of the materials and/or Content you submit or make available on the Systems. By submitting or posting such Content on areas of the Systems that are accessible by the public or other Users with whom you allow to share such Content, you grant Truuli a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Systems solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content sent or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Systems that are accessible by the public or other Users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorisation to distribute it.

Content changes

You understand that in order to provide the Systems and make your Content available to prospective purchasers, Truuli may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license permits Truuli to take any such actions.

Trademark information

Truuli, the Truuli logo and other Truuli trademarks, Systems marks, graphics, and logos used in connection with the Systems and Software are trademarks or registered trademarks of Truuli, including the intellectual property rights of the Truuli brand. Other trademarks, Systems marks, graphics, and logos used in connection with the Systems or Software may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Product(s) or Software.

Truuli proprietary rights

You confirm and agree that Truuli and/or its licensors own all legal right, title and interest in and to the Systems, including but not limited to graphics, User interface, the scripts, logos, sounds, music, artwork, videos, computer code and software used to implement the Systems, and any software provided to you as a part of and/or in connection with the Systems, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You also acknowledge that the Systems (including the Software, or any other part thereof) contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Systems in compliance with this Agreement. Absolutely no part of the System may be copied or reproduced in any form or by any means, except as expressly permitted in these Terms.

License from Truuli

Truuli provides you with a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by Truuli as a part of the Systems and in accordance with this Agreement; provided that you do not (and do not permit anyone else to) modify, copy, loan, rent, distribute, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), lease, sell, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software, and you will not exploit the Systems in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

USE OF THE TRUULI SYSTEMS OR ANY PART OF THE TRUULI SYSTEMS, EXCEPT FOR USE OF THE SYSTEMS AS PERMITTED IN THE TERMS, IS STRICTLY NOT ALLOWED AND BREACHES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CRIMINAL AND CIVIL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Links and other third party materials

Truuli advise that certain features of the Systems, content or components may include materials and/or services from third parties and/or hyperlinks to other web sites, resources or Content. Because Truuli may have no control over such third party sites, materials and/or services, you acknowledge and agree that Truuli is not responsible for the availability of such sites, services or resources, and does not warrant or endorse the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, Systems or materials on or available from such sites or resources. You further understand and agree that Truuli shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, systems or materials on or available from such sites or resources.

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