WEBSITE TERMS AND CONDITIONS
1. About These Terms
These Website Terms and Conditions (“Terms”) govern your access to and use of the website
operated under the trading name Zivac Properties, including any associated pages, portals,
dashboards, property listings, enquiry forms, investment enquiry pages, partner service
pages and other digital services made available through the website (together, the
“Website”).
Please read these Terms carefully before using the Website.
By accessing, browsing, registering for an account, submitting an enquiry, uploading a
property, requesting a viewing, contacting an agent, requesting information about property
investment opportunities, requesting a professional service or otherwise using the Website,
you agree to be bound by these Terms.
If you do not agree with these Terms, you must not use the Website.
These Terms should be read together with our:
Privacy Policy;
Cookie information or Cookie Policy, where provided;
any agency, listing, referral, investment, sourcing or service-specific agreement entered
into separately; and
any additional terms displayed in relation to a particular service.
Where a separate written agreement is entered into between you and Zivac Properties, that
agreement will take priority over these Website Terms to the extent of any inconsistency
concerning the specific service covered by that agreement.
2. About Zivac Properties
The website is operated by:
Legal company name: ZIVAC PROPERTIES LTD
Trading name: Zivac Properties
Company number: 16077300
Registered office: 45 Bulstrode Road, Hounslow, England, TW3 3AW
Business address: 12 Bath Rd, Hounslow TW3 3EB
Email: hello@zivacproperties.com
Telephone: 07466412665
Website: zivacproperties.com
References in these Terms to “Zivac Properties”, “Zivac”, “we”, “us” or “our” mean the legal
entity identified above.
Where applicable, our relevant regulatory registrations, redress scheme memberships, antimoney-laundering supervision details, client money protection details and other legally
required information will be displayed on the Website.
3. Nature of Our Business
Zivac Properties operates a property-focused business and digital platform that may
provide or facilitate services including:
1. marketing residential properties for sale;
2. marketing commercial properties for sale or occupation;
3. displaying properties listed by third-party estate agents, commercial property agents,
agencies, developers, landlords, property owners and other authorised parties;
4. generating and introducing enquiries and prospective clients to property owners,
agents, agencies and other third parties;
5. facilitating communication between property seekers and property providers;
6. arranging or assisting with property viewings and enquiries;
7. sourcing or identifying property opportunities where separately agreed;
8. providing information about potential property investment opportunities;
9. receiving enquiries from persons interested in investing in property-related
opportunities;
10. introducing customers to independent third-party service providers;
11. generating and referring leads to mortgage advisers, finance professionals, solicitors,
surveyors, architects, builders, construction companies, plumbers, electricians,
property managers and other professional or trade partners;
12. providing property-related marketing and administrative services; and
13. such other property-related services as we may introduce from time to time.
Our precise legal and commercial role may differ depending on the particular property,
transaction or service.
For example, in one transaction we may act as an appointed property agent, while in another
we may act only as a marketing platform, introducer, lead generator or referral partner.
The nature and scope of our role in any specific transaction may be confirmed separately in
writing.
4. No Automatic Agency, Fiduciary
or Advisory Relationship
Your use of the Website alone does not create:
an estate agency appointment;
a fiduciary relationship;
a joint venture;
a partnership;
an employment relationship;
an investment management relationship;
a financial advisory relationship;
a mortgage advisory relationship;
a solicitor-client relationship; or
any other professional advisory relationship
between you and Zivac Properties.
Any formal appointment or service relationship must be established through a separate
written agreement where required.
5. Property Listings
5.1 Sources of property information
Property listings may be:
created directly by Zivac Properties;
uploaded by independent estate agents or agencies;
uploaded by commercial property agents;
supplied by developers;
supplied by landlords or property owners;
obtained from authorised partners; or
supplied by other third parties with authority to market the relevant property.
We may rely on information provided to us by third parties.
Although we may take reasonable steps to review information, we do not independently
verify every statement, measurement, photograph, plan, title detail, tenure detail, financial
figure or other item appearing in every listing.
5.2 No guarantee of accuracy
Property particulars and information are provided for general guidance and marketing
purposes.
Unless expressly confirmed in a legally binding written agreement, we do not guarantee
that:
a property remains available;
the asking price or rent remains unchanged;
all photographs are current;
photographs show every part of the property;
floor plans are precisely to scale;
measurements are exact;
stated areas are exact;
boundaries are correctly represented;
planning permission exists for any existing or proposed use;
alterations have received all necessary approvals;
any suggested development or conversion is legally or technically possible;
any property is suitable for a particular purpose;
any property will achieve a particular rental income;
any property will increase in value;
any commercial business or property will achieve projected turnover or profitability;
any fixtures, fittings or contents are included;
utilities or services are operational;
information supplied by a third party is complete or error-free.
Users must make their own enquiries and obtain appropriate professional advice.
5.3 Material information and changes
Property information may change at any time.
Agents, owners and other listing providers are responsible for promptly notifying us of
material changes affecting a property or listing.
We may amend, suspend or remove any listing at any time.
5.4 Photographs, renders and illustrations
Photographs may include:
staging;
furniture;
decorative items;
digitally enhanced images;
computer-generated images;
artist impressions;
images taken at an earlier date.
Unless expressly stated, such items should not be assumed to form part of a sale, letting or
transaction.
6. Property Availability and
“Subject to Contract”
All property transactions are subject to:
availability;
contract;
satisfactory due diligence;
verification of information;
proof of identity;
proof of funds where applicable;
anti-money-laundering checks;
legal documentation;
survey and valuation where applicable;
financing where applicable;
landlord, seller, lender or other required approval; and
any other relevant conditions.
Submitting an enquiry, requesting a viewing, expressing interest, making an offer or
receiving an acknowledgement does not guarantee that:
a viewing will take place;
an offer will be accepted;
a property will be reserved;
negotiations will continue;
a mortgage or finance application will succeed; or
a transaction will complete.
A legally binding property transaction will arise only in accordance with the applicable legal
process and binding documentation.
7. ViewingsWhere we arrange or facilitate property viewings:
1. appointments are subject to confirmation;
2. appointments may be changed or cancelled;
3. users must follow reasonable instructions from us, the property owner, agent, occupier
or representative;
4. users must behave responsibly and respectfully;
5. children should be appropriately supervised;
6. users must not damage, remove or interfere with property or possessions;
7. users attend properties at their own risk, subject to applicable law; and
8. users should immediately report any significant health or safety concern.
We are not responsible for a cancellation, delay or failure by a third-party agent, owner,
occupier or representative to attend a viewing, except where liability cannot lawfully be
excluded.
8. Offers and Negotiations
Any offer submitted through Zivac Properties may be communicated to the relevant seller,
landlord, agent or representative.
Unless legally required or separately agreed, we do not guarantee that:
an offer will be accepted;
an offer will remain confidential;
negotiations will result in a transaction;
a seller or landlord will not negotiate with another party; or
a property will be withdrawn from the market.
We may request information reasonably required to progress an offer, including:
proof of identity;
proof of address;
proof of funds;
mortgage agreement in principle;
company information;
beneficial ownership details;
source of funds;
source of wealth where appropriate;
solicitor details; and
other due-diligence information.
9. Users Seeking Property
Users searching for property are responsible for:
accurately describing their requirements;
carrying out their own inspections and enquiries;
instructing appropriately qualified professionals;
checking legal title and contractual documents through their legal adviser;
arranging surveys and valuations where appropriate;
checking planning, licensing and regulatory requirements;
obtaining independent financial and tax advice;
verifying affordability;
confirming the suitability of the property; and
reviewing all binding documents before entering a transaction.
Information provided on the Website is not a substitute for professional advice.
10. Agent, Agency, Developer and
Property-Owner Accounts
Where the Website permits agents, agencies, developers, landlords, property owners or
other business users to create accounts or upload listings, the following conditions apply.
10.1 Authority
You confirm that you:
have legal authority to create the account;
are authorised to act for the relevant business or property owner;
have authority to market every property submitted;
have all permissions required to provide photographs, videos, floor plans, logos,
descriptions and other content; and
will comply with all laws and professional obligations applicable to your activities.
10.2 Accurate information
You must ensure that all information supplied is:
accurate;
current;
not misleading;
not deceptive;
sufficiently complete;
lawful; and
promptly updated when circumstances change.
10.3 Prohibited listings
You must not upload:
fraudulent properties;
unavailable properties presented as available;
properties you have no authority to market;
misleading prices;
unlawful content;
discriminatory content;
infringing photographs or intellectual property;
malware;
false contact information; or
content intended to divert users fraudulently.
10.4 Our moderation rights
We may:
review listings;
request supporting evidence;
request proof of authority;
request amendments;
reject listings;
temporarily pause listings;
permanently remove listings;
suspend accounts; or
terminate access.
We are not obliged to publish every listing submitted.
10.5 Lead handling
Where a lead is provided to an agent, agency or other partner, the recipient must:
use the information only for legitimate purposes connected with the enquiry;
comply with applicable data-protection law;
keep information appropriately secure;
avoid unlawful marketing;
not sell or misuse the lead;
not disclose information unnecessarily; and
comply with any separate partnership or lead-sharing agreement.
11. Property Investment Enquiries
11.1 Information-only stage
Any “Invest”, “Property Investment”, “Investment Opportunities”, “Earn from Property”,
“Property Projects” or similar section of the Website is intended initially to allow users to:
learn generally about our property-related business activities;
express interest;
provide information about their objectives;
request a consultation; and
enquire about potential opportunities.
Unless expressly stated otherwise in legally compliant, formally approved documentation,
general Website content does not constitute an offer, invitation or recommendation to enter
into an investment.
11.2 Separate assessment and documentation
Any actual investment, loan, joint venture, property acquisition, profit-sharing
arrangement, fixed-return arrangement, equity participation, property-specific special
purpose vehicle or other capital arrangement must be governed by separate legal
documentation.
The applicable structure may differ between opportunities.
No person should transfer money or make an investment solely on the basis of general
information contained on the Website.
11.3 No general guarantee of return
Unless a specific obligation is expressly contained in a legally binding written agreement
entered into by the appropriate legal entity, we do not guarantee:
any fixed return;
any minimum return;
any rental income;
any increase in property value;
repayment by a particular date;
capital protection;
availability of mortgage finance;
occupancy levels;
project completion dates; or
profitability.
Property and investment-related activities involve risk.
Property values can fall as well as rise, costs may increase, projects may be delayed, tenants
may default, properties may remain vacant and legal, regulatory, tax or financing
circumstances may change.
11.4 Independent advice
Before entering any investment-related arrangement, prospective participants should
obtain independent:
legal advice;
financial advice;
tax advice;
mortgage or finance advice; and
other professional advice appropriate to their circumstances.
11.5 Regulatory status
Nothing on the Website should be interpreted as regulated financial advice unless expressly
provided by a person or entity authorised to provide such advice.
Where a particular activity requires regulatory authorisation, approval, exemption or
compliance with financial-promotion restrictions, we will seek to structure and
communicate that activity accordingly.
We reserve the right to:
restrict access to investment information;
require eligibility information;
provide information only to particular categories of recipient;
withdraw an opportunity;
decline an enquiry; or
require additional legal or compliance checks.
11.6 No reliance on projections
Any examples, projections, illustrations, estimated returns, refurbishment budgets, rental
estimates, valuations, timelines or potential exit figures are illustrative unless expressly
stated otherwise.
Actual results may differ materially.
12. Property Development,
Conversion and Refurbishment
Information
The Website may discuss strategies including:
refurbishment;
reconfiguration;
improving layouts;
conversion of space;
creating additional rooms;
improving rental potential;
increasing usable space;
repositioning a property; or
seeking to improve property value.
Such information is general only.
No statement should be interpreted as confirmation that any particular alteration is legally,
structurally or practically permitted.
Any proposed works may require, among other things:
planning permission;
building regulations approval;
landlord or freeholder consent;
lender consent;
licensing;
party wall procedures;
fire-safety compliance;
HMO licensing or other housing approvals;
conservation or listed-building consent; or
specialist professional advice.
Users and project participants must obtain the appropriate advice and approvals before
commencing work.
13. Mortgage and Finance
Introductions
We may introduce users to independent mortgage advisers, mortgage brokers, lenders,
finance providers or other professionals.
Unless expressly stated otherwise:
Zivac Properties does not itself provide regulated mortgage advice;
an introduction is not a recommendation that a particular product is suitable;
eligibility is determined by the relevant provider;
finance is not guaranteed;
terms may change;
the provider is responsible for its own advice and services.
Users should review the regulatory status and terms of any finance provider before
proceeding.
We may receive a referral fee, commission or other commercial benefit from a successful
introduction.
Where required, relevant disclosures will be made.
14. Partner and Third-Party
Services
The Website may enable users to request services from independent third parties, including:
mortgage advisers;
solicitors and conveyancers;
surveyors;
architects;
planning consultants;
builders;
construction companies;
refurbishment providers;
plumbers;
electricians;
engineers;
property managers;
insurance providers;
removal companies;
cleaning providers; and
other property-related professionals.
Unless expressly stated otherwise, these providers are independent businesses.
A provider is not our employee, agent or subcontractor merely because:
it appears on the Website;
we introduce a customer;
we receive a referral fee;
we market its services; or
it is described as a partner.
The third-party provider is responsible for:
its own advice;
quotations;
pricing;
contracts;
licences;
qualifications;
insurance;
workmanship;
professional obligations;
deadlines;
health and safety;
customer service; and
regulatory compliance.
Users should carry out their own checks before appointing a provider.
15. Referral Fees and Commercial
Relationships
Zivac Properties may receive:
referral fees;
introduction fees;
lead-generation fees;
commissions;
marketing fees;
success fees;
revenue shares; or
other commercial benefits
from third parties.
This may include payments connected with property transactions or services supplied by
professional partners.
Where disclosure is required by law, regulation, applicable professional standards or a
specific agreement, the relevant information will be provided.
The existence of a commercial relationship does not remove your responsibility to decide
whether a third-party service is suitable for you.
16. No Professional Advice
Unless expressly confirmed in writing by an appropriately qualified and authorised person,
Website content does not constitute:
legal advice;
tax advice;
financial advice;
investment advice;
mortgage advice;
planning advice;
surveying advice;
structural advice;
valuation advice; or
any other regulated or professional advice.
You should obtain independent professional advice before making significant decisions.
17. Anti-Money-Laundering and
Verification Checks
We may be required, or may reasonably choose, to conduct checks relating to:
identity;
address;
beneficial ownership;
company ownership and control;
source of funds;
source of wealth;
sanctions;
politically exposed persons;
fraud prevention;
money laundering;
terrorist financing;
proliferation financing; and
other legal or compliance matters.
You agree to provide accurate information and reasonable supporting documentation when
requested.
We may:
delay services;
decline instructions;
refuse to progress a transaction;
suspend an account;
refuse to accept funds; or
make disclosures to relevant authorities
where required or permitted by law.
We may not always be legally permitted to tell you that a report or disclosure has been
made.
18. User Accounts
Where registration is available, you are responsible for:
providing accurate information;
keeping account details current;
maintaining the confidentiality of login credentials;
using a strong password;
preventing unauthorised use; and
notifying us promptly of suspected unauthorised access.
You must not:
impersonate another person;
create fraudulent accounts;
share accounts in an unauthorised manner;
attempt to access another user’s account;
interfere with Website security; or
use automated tools in a way that harms the Website.
We may suspend or terminate accounts where we reasonably believe these Terms have been
breached or where necessary for security, compliance or business reasons.
19. Enquiries and Communications
When you submit an enquiry, you authorise us to use the information provided to:
respond to you;
manage your enquiry;
contact relevant agents or property providers;
introduce you to a requested partner;
progress a potential transaction;
carry out relevant checks; and
administer our business.
Where necessary to deal with your request, information may be shared with relevant third
parties as explained in our Privacy Policy.
Submitting an enquiry does not oblige us or any third party to accept instructions or
provide a service.
20. WhatsApp, Telephone, Email
and Messaging
Where you provide contact details and communicate with us by telephone, email,
WhatsApp, live chat or another communication service, you acknowledge that:
communications may be recorded or retained where lawful;
third-party communication providers may process information under their own terms;
messaging services should not be used to transmit highly sensitive information unless
an appropriate secure method has been agreed;
delivery of electronic communications cannot always be guaranteed.
Marketing communications will be handled in accordance with applicable law and our
Privacy Policy.
21. Acceptable Use
You must not use the Website:
unlawfully;
fraudulently;
to mislead others;
to infringe intellectual property rights;
to harass or threaten others;
to submit malicious code;
to gain unauthorised access;
to scrape or systematically copy substantial parts of the Website without permission;
to create a competing database by copying our listings;
to overload or disrupt our systems;
to bypass security controls;
to submit false enquiries;
to misuse another person’s personal information;
to conduct unlawful marketing;
to facilitate financial crime; or
for any purpose that may damage Zivac Properties or Website users.
22. Intellectual Property
Unless otherwise stated, the Website and its original content, including:
branding;
logos;
design;
layout;
text;
graphics;
databases;
software;
videos;
marketing materials; and
other original materials
are owned by or licensed to Zivac Properties and are protected by applicable intellectualproperty law.
Third-party property photographs, floor plans, agency logos and other third-party materials
remain the property of their respective owners or licensors.
You may use the Website for legitimate personal or business property-search purposes.
You may not reproduce, commercially exploit, distribute, republish or create a substantial
competing database from Website content without appropriate permission.
23. Content Uploaded by Users
and Partners
Where you upload content to the Website, you confirm that:
you own the content or have permission to use it;
publication will not infringe third-party rights;
the content is lawful and accurate;
any identifiable person’s image or personal information is used lawfully.
You grant us a non-exclusive, worldwide, royalty-free licence for the period reasonably
necessary to:
host;
reproduce;
resize;
format;
display;
distribute;
market; and
otherwise use
the content for the operation and promotion of the relevant listing, service and Website.
You remain responsible for content you provide.
24. Third-Party Websites
The Website may contain links to third-party websites and services.
We do not control all third-party websites and are not responsible for their:
availability;
content;
privacy practices;
security;
products;
services; or
terms.
A link does not automatically amount to an endorsement.
Users should review the terms and privacy information of external providers.
25. Website Availability
We aim to maintain a professional and reliable Website but do not guarantee uninterrupted
or error-free availability.
We may:
suspend access;
perform maintenance;
change features;
discontinue features;
update software;
restrict access; or
take emergency security action
without prior notice where reasonably necessary.
We are not responsible for failures caused by circumstances outside our reasonable control,
subject to applicable law.
26. Viruses and Cybersecurity
We take reasonable measures to protect our systems but cannot guarantee that the Website
will always be completely free from:
viruses;
malware;
vulnerabilities;
unauthorised interference; or
other harmful components.
Users are responsible for using appropriate security measures on their own devices and
systems.
You must not knowingly introduce harmful material into the Website.
27. Limitation of Liability
Nothing in these Terms excludes or limits liability where it would be unlawful to do so,
including liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; or
any other liability that cannot lawfully be excluded.
Subject to the above, and to the fullest extent permitted by law:
1. we are not responsible for losses caused by reliance on inaccurate information supplied
by an independent third party where we have acted reasonably;
2. we are not responsible for the acts or omissions of independent agents, property
owners, service providers or professional advisers;
3. we do not guarantee that a property transaction, investment enquiry, finance
application or referred service will complete successfully;
4. we are not liable for changes in property values, market conditions, rental demand,
interest rates, taxation or regulatory requirements;
5. we are not liable for indirect or consequential losses that were not reasonably
foreseeable;
6. business users may not recover loss of profit, revenue, opportunity, goodwill or
anticipated savings except where expressly agreed otherwise.
Where you are a consumer, nothing in these Terms affects your statutory rights.
Any specific financial liability arising from a separately contracted service may be governed
by the liability provisions in the relevant separate agreement.
28. Business User Indemnity
If you are an agent, agency, developer, landlord, property owner, professional partner or
other business user, you agree to be responsible for losses, claims, liabilities and reasonable
costs arising from:
information or content you provide;
your lack of authority to market a property;
infringement of third-party rights;
your unlawful conduct;
your misuse of personal information;
your breach of these Terms; or
your breach of a separate agreement,
to the extent permitted by law.
29. Complaints
We aim to deal with complaints professionally and fairly.
General complaints may be sent to:
Email: hello@zivacproperties.com
Address: 12 Bath Rd, Hounslow TW3 3EB
Please provide:
your name;
contact details;
details of the relevant property or service;
an explanation of the issue; and
the outcome you are seeking.
Where a complaint concerns personal information or data protection, it will be handled
under the data-protection complaints procedure described in our Privacy Policy.
Where we are required to belong to a statutory or approved redress scheme, relevant
membership and escalation information will be displayed on the Website and/or provided to
eligible complainants.
30. Suspension and Termination
We may restrict, suspend or terminate access to all or part of the Website where reasonably
necessary, including where:
these Terms are breached;
fraud is suspected;
security is threatened;
false information is supplied;
legal or regulatory concerns arise;
fees due under a separate agreement remain unpaid;
a user abuses other users or staff; or
continued access may expose us or others to material risk.
Termination of Website access does not automatically terminate rights or obligations that
have already arisen under a separate agreement.
31. Changes to These Terms
We may update these Terms from time to time to reflect:
changes in law;
regulatory requirements;
changes to our services;
changes to technology;
security requirements; or
changes to our business model.
The latest version will be published on the Website with an updated “Last updated” date.
Material changes may also be brought to users’ attention where appropriate.
32. Transfer of Rights
We may transfer our rights and obligations under these Terms to another organisation as
part of:
a business restructuring;
sale;
merger;
acquisition; or
transfer of the relevant business,
provided this does not unlawfully reduce your rights.
You may not transfer your contractual rights or obligations under a separately agreed
service without any consent required by that agreement.
33. Severability
If any provision of these Terms is found to be unlawful, invalid or unenforceable, the
remaining provisions will continue to apply.
34. No Waiver
A failure or delay by us in enforcing a right does not mean that we have waived that right.
35. Third-Party Rights
Unless expressly stated otherwise, a person who is not a party to these Terms has no right to
enforce them under the Contracts (Rights of Third Parties) Act 1999.
36. Governing Law and
Jurisdiction
These Terms and any non-contractual disputes arising from them are governed by the laws
of England and Wales.
If you are a consumer, you may also have rights under the mandatory laws applicable where
you live.
Subject to applicable consumer rights, the courts of England and Wales will have
jurisdiction over disputes relating to these Terms.
37. Contact Us
Questions about these Terms may be sent to:
Zivac Properties
ZIVAC PROPERTIES LTD
12 Bath Rd, Hounslow TW3 3EB
Email: hello@zivacproperties.com
Telephone: 07466412665
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