Terms & conditions

1. Introduction:

1.1 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AS THEY CONSITIUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FOSTER AND EDWARDS.

1.2 Who we are and how to contact us

1.2.1 We are Foster & Edwards is the trading name of Simply Real Estate Limited

Registered in England, Reg. No.06318546 and our address is 75 Acre Lane, London SW2 (referred to as "we" or "us" or "our"). We are a property sale and lettings agency for both residential real estate. We are the providers of the Site, displaying property details for you to view.

1.2.2 To contact us, please email info@fosterandedwards.com, or alternatively, by posting to our address above.

2. Changes to our terms:

2.1 Foster and Edwards reserve the right to amend these Terms of Use when necessary. Any changes Foster and Edwards implement will be posted on our Website, www.fosterandedwards.com. You are responsible to check our website for any changes. Your continued use of our website after posting will constitute your acceptance of, and agreement to, any changes Foster and Edwards has implemented. Specific services that we offer, or make available to you, may also be governed by additional or alternative terms and conditions with us, or other third parties.

2.2 If any further changes are deemed unacceptable by you, you should immediately discontinue using our systems and services. Your continued use of the systems and services, now or following the changes Foster and Edwards implement, constitute your acceptance of these terms and of any such changes.

3. What words and phrases mean in these terms?

'Complimentary' means free of charge without financial consideration.

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

'Deferred Payment Date' means the definition contained in the Service Agreement.

'Online Platform' means the Complimentary software provided to customers in accordance with these Terms of Use.

'Fully Managed service' means our fully managed service offered from time to time. For further information, please visit http://fosterandedwards.com/landlords-guide

'Introduction service' means our standalone create your own advert service. For further information, please visit http://fosterandedwards.com/landlords-guide'Part Managed service' means our rent collect service offered from time to time. For further information, please visit http://fosterandedwards.com

'Privacy Policy' means the Privacy Policy as amended from time to time and published on the Website and Online Platform.

'Products & Services' means all and each of the products and/or services offered from time to time by Foster and Edwards within the Website and Online Platform.

'Systems' means the Website and Complimentary or subscribed (following a payment) access to the Online Platform.

'Terms' means these Terms of Use and Privacy Policy as amended from time to time.

'User' means you or anyone who uses the Systems

'Website' means www.FosterandEdwards.com, including all systems, Software and processes hosted therein.

4. Disclaimer of Warranties; Liability

4.1 You agree that your use of, or inability to use, our website is at your sole risk.

4.2 Whilst we seek to ensure that any material available for downloading from our website (such as a property brochure) is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.

4.3 Due to the nature of software and the internet, we do not warrant that your access to, or the running of our website will be uninterrupted or error free. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.

4.4 Information and services are provided by us on an 'as-is' and 'as-available' for use basis. Although we endeavour to update the information on our website, we do not provide warranties or guarantees of any kind, whether express or implied, that the information displayed on our website is accurate, complete or up to date. We also do not provide warranties including warranties of merchantability, fitness for a particular purpose, title and non-infringement.

4.5 Property descriptions, locations, rental and sales values and other information found on our website are intended for information and marketing purposes, and whilst displayed in good faith, we will not, under any circumstances, accept liability for any inaccuracies. It is strongly advised that that prospective buyers and tenants seek to satisfy themselves as to the accuracy of any information displayed on our website.

4.6 Nothing in these Terms of Use 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 English law.

4.7 We give no warranty or guarantee that the Site or information available on it complies with laws other than those of England.

4.8 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

5. Barring users from the site

5.1 We reserve the right to bar users from our website and/or restrict their access or use of any or all aspects of our information and services, on a temporary or permanent basis, purely at our discretion.

6. Legal principles

6.1 You agree that these terms are not intended to confer and do not confer any rights or remedies upon yourself, as a user of our website.

6.2: If any part of the terms is held invalid or unenforceable, the term shall be construed as closely as possible to the relevant law to reflect, as accurately as possible, the original intentions of the parties. The remaining part of the terms will remain fully enforceable. Our failure to enforce our rights over the user will not constitute a waiver of such a right.

7. Notices

7.1 We may send you automated notices and promotions regarding available properties on the market. You may be contacted via email or SMS, information which is voluntarily provided by yourselves when using our services.

8. No ownership:

8.1 nothing in this Agreement shall be understood to confer on you any rights, interest, title or licence by signing up to and using our services.

9. Our Privacy Policy:

9.1 We strongly advise you read this policy and make sure you're happy with it before using our services. Should you require further clarification, please contact us on info@fosterandedwardscom or alternatively, call on 02073267929.

9:2 This policy applies to how we sue your personal data. It does not whatsoever apply to information about the properties we market on our website or other portals.

9.3 What data do we collect?

The data we collect depends on the type of service you are acquiring from Foster and Edwards:

9.3.1 Initial Enquiries: by Applicants:

• Full name
• Contact Number
• Email address
• Employment status and job role
• Student status (If applicable)

9.3.2 Applicants proceeding to referencing:

• Personal identification information (Name, email address, phone number, passport photo ID/driver's licence etc)
• Financial details (Bank statements, wage slips, SA100/SA102 forms, accountant references etc)
• Employment details (Name of employer, place of employment, employer references etc)
• Information relating to previous accommodation (landlord references etc)

9.3.3 Individuals acting as guarantors:

• Personal identification information (Name, email address, phone number, passport photo ID/driver's licence etc)
• Financial details (Bank statements)
• Proof of home ownership (mortgage statement, title deeds etc)
• Employment details (Name of employer, place of employment, employer references etc).

9:4 Data we collect about you

9.4.1 Data that is collected about you:

You will directly provide us with most of the data we collect. We collect and process data when:

• You voluntarily enquire about our properties or services via our website, telephone, other online portals including Zoopla, Rightmove, Gumtree etc.
• You are registered to our system upon receipt of your enquiry.
• You commence the referencing process.
• You personally deliver or email in relevant documentation for the referencing process.
• Foster and Edwards may also receive your data indirectly from references from previous landlords, accountants, employers etc.

9.4.2. We use this information to:

• Distinguish you from other users.
• Contact you if necessary.
• Analyse property interest for lettings/sale surveys and statistics.
• Referencing procedures.

9.4.3 How this can be beneficial to you

You can opt to receive property alerts and marketing emails to your email or mobile phone, keeping you up to date with the current property market.

10 Anti Money Laundering

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

10.2 For sellers this must take place at the point you instruct us. For buyers this must take place at the point your offer is accepted by a seller.

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

10.4 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.

10.5 In any case where 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 A and one from LIST B below. Without this, we are not able to proceed with the transaction.

LIST A	LIST B
Current signed 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	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 (but only if not used for the name evidence)
Current UK or EEA photocard 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	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

10.6 Unless your appointment negotiator has taken a copy of the original document in your presence the copies that are provided must be certified and the Post Office provides this service. Please follow the link below to find where this service is available.http://www.postoffice.co.uk/document-certification-service

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

11: Booking a free valuation

11.1 A free valuation is available with our expert residential negotiators, for both sales and letting properties.

12: Your agreement with Foster and Edwards:

You agree that you will NOT use the Systems to:

• 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;
• pretend to be anyone, or any entity, you are not-you may not impersonate or misrepresent yourself as another person, entity, another User, or , or otherwise misrepresent your affiliation with a person or entity (Foster and Edwards reserves the right to reject or block any 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);
• 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;
• 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.
• 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;
• 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:

• that provided we have exercised reasonable skill and due care, we shall not be responsible for any losses arising out of the unauthorised use of your Account resulting from you not following these rules;
• to provide accurate and complete information when you register with, and as you use the website and our services 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).

13: Using Foster and Edwards advertising services

13.1 Foster and Edwards advertising is designed for private landlords, and should not be used for sub-letting or by third parties such as letting agents. By advertising with Foster and Edwards you are declaring that you are the landlord of the property you are advertising, or have the explicit permission of the landlord of the property to place the advert.

13.2 You agree that you indemnify Foster and Edwards for any loss, claims, actions or proceedings that may be brought against Foster and Edwards as a result of a breach of clause 13.1. You further agree that Foster and Edwards may take legal action or any other measures we may deem necessary at our sole discretion if you breach clause 13.1, and that you will be liable for any legal or enforcement costs reasonably incurred by Foster and Edwards in relation to such a breach.

13.3 Instruction for Foster and Edwards to advertise a property or carry out other services is normally made by placing an order through the website.

13.4 Landlords will only be charged for services they have actively purchased and/or chosen to use.

13.5 All advertising and other services with a fixed or maximum duration are deemed to be continuous from the date when they were first purchased or otherwise instructed through our website.

13.6 When ordering services such as advertising or referencing, users agree that Foster and Edwards will commence provision of the service immediately or as soon as is practicable.

13.7 As such services are intangible and irrevocable digital content, and provision of the service begins within 14 days of the order being placed, we cannot issue refunds after the service provision has begun except at our sole discretion.

13.8 Notwithstanding the refund policy outlined above, landlords are free to end their advertising with Foster and Edwards at any time after placing their advert. Instruction to cease advertising can be made through the website.

14 Legal

14.1 Copyright notice

If you believe that any Content in which you claim copyright has been infringed by anyone using our services or website, please contact Foster and Edwards at info@fosterandedwards.com.

14.2 Violations of this agreement

If while using our website or services, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email info@fosterandedwards.com

14.3 Trademark information

Foster and Edwards, the Foster and Edwards logo and other Foster and Edwards trademarks, graphics, and logos used in connection with the Systems and Software are trademarks or registered trademarks of Foster and Edwards, including the intellectual property rights of the Foster and Edwards brand. Other trademarks, graphics, and logos used in connection with our services and website may be the trademarks of their respective owners. You are granted no right or license in any of the aforementioned 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 services.