Coming to Market terms of use - Zoopla
Please read these terms carefully as they govern your use of the Coming to Market service (“CTM Services”)
1. Introduction
These Product Specific Terms and Conditions (these “Terms”) apply to the CTM Services in addition to the Zoopla Website Terms and Conditions (“Zoopla Terms and Conditions”), together these shall be referred to as the “Agreement”. The Agreement governs the use of the CTM Services for domestic and private use only. Under the Agreement you agree not to use CTM Services for any commercial or business purpose. If you are not a consumer user, the terms and conditions contained at https://www.zoopla.co.uk/members/terms/ will govern your use of the CTM Services.
CTM Services is provided by Zoopla Limited, a company incorporated and registered in England and Wales. Registered offices: The Cooperage, 5 Copper Row, London, England, SE1 2LH (Company Number 06074771). Our Information Commissioner's Office (ICO) registration number is Z9972266. Our VAT number is 191 2231 33.
Zoopla Limited, is a division of ZPG Limited. Any reference to ‘us’, ‘we’, ‘our’ or the Group within these terms and conditions includes all or any of the direct or indirect parent or subsidiary undertakings.
You can contact us at: via our help form or view our Help Centre.
The following additional terms also apply to your use of the CTM Services:
Our Coming To Market - Privacy Policy and Privacy Notices;and
Our Cookie Policy, which sets out information about the cookies on the CTM Services.
You should familiarise yourself with the Zoopla Website Terms and Conditions as detailed above, as they will also apply to your use of the CTM Services. If there is any inconsistency between these Terms and the Zoopla Terms and Conditions in relation to the CTM Services, these Terms will prevail.
For the avoidance of doubt, the Agreement shall constitute the entire agreement between the parties to the exclusion of any other terms and conditions which you purport to incorporate by any means for your access and use of the CTM Services. The Agreement tells you the rules for using CTM Services together with any related applications, websites or platforms.
By accessing or using the CTM Services you shall be deemed to have accepted the terms of the Agreement. If you do not accept the terms of the Agreement, you should immediately cease accessing and/or using the CTM Services.
The Agreement, including these Terms may be updated from time to time. Every time you wish to use the CTM Services, please check the Agreement to ensure you understand the terms that apply at that time. By continuing to use or access the CTM Services, you agree to be bound by any amended terms. It is your responsibility to check for any updates.
We may transfer our rights and obligations under these Terms to another organisation. Where required by law, we will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.
2. General Information
The CTM Services is product and service that enables individuals who are considering whether to sell their property to list it as potentially CTM to gauge the interest for the property (“Potential Property”) and review this compared to other properties in their area. In addition, the CTM Services enables individuals who may be interested in viewing or purchasing the Potential Property to register their interest for the Potential Property, which will then be provided to the relevant third party estate agent in the event the Potential Property is then listed for sale on www.zoopla.co.uk. We do not provide any guarantees that the CTM Services will not contain fraudulent listings and/or be a scam and accept no liability in the event you suffer any losses or damages due to a fraudulent and/or scam listing. In order to use the CTM Services as a prospective seller or buyer you will need to create an account.
We are not an estate agent, lettings agent or new home developer (agent). All images, videos and descriptions provided for the Potential Property (“Content”) are provided by the potential seller in accordance with this Agreement. The potential seller is solely responsible for the Content's accuracy and we accept no responsibility or liability for errors or omissions in any Content. Whilst we will use reasonable efforts to review user’s listings and/or content, we provide no guarantee in relation to the Content, including but not limited to its quality, legality or accuracy. The views expressed by other users of the CTM Services do not represent our views or values.
While we may provide listing, pricing and other guidance as part of the CTM Services, this guidance is solely provided as informational and you may decide to follow it or not. This guidance is not intended to amount to advice on which you should rely and we exclude all liability for any listing, pricing and other guidance provided as part of the CTM Services (whether you are a potential seller or potential buyer).
These CTM Services do not allow for any direct communications between a potential seller and a potential buyer. In the event a Potential Property is listed for sale on the Site, the subsequent property transaction is managed solely by the agent who lists the Potential Property and these Terms will cease to apply to that listing.
3. Listing a Property
You must be the owner of the Potential Property and, if requested by us, you will provide proof of your ownership of the Potential Property.
When you create the listing for the Potential Property you will send all the relevant details requested by us and we will create a mock-up of the listing for you to approve. If this is approved the Potential Property will then be listed on our Site. We do not guarantee that any listing submitted to us will be listed on our Site.
If accepted by us, we will notify you prior to listing the Potential Property how long it will be listed for s. You can request to unlist the Potential Property at any time by emailing prelist@zoopla.co.uk.
We may provide you with data on the performance of the listing. We will try to offer reliable data, but we make no guarantees or warranties that the data provided through the CTM Services will always be available, accurate, complete and up-to-date.
Your listing for a Potential Property will appear in our search function depending on the location, price, attributes and other characteristics of the property.
If you list a Potential Property using the CTM Services you agree to the following:
you are responsible for the accuracy, content and legality of the listing created for the Potential Property, including the Content and will ensure it is in all respects true, complete and accurate to the best of your belief and knowledge and shall promptly contact us by emails to prelist@zoopla.co.uk on becoming aware of any errors or inaccuracies
You are responsible for ensuring the Content:
complies with all applicable laws (including, but not limited to, the Equality Act 2010), regulations and codes of practice in the United Kingdom and any compliance guidelines published or made available by us from time to time, will not be defamatory, misleading, discriminatory or infringe any copyright, trade mark or other intellectual property rights or rights of any third party whatsoever;
is of a good quality in our reasonable opinion and comply with the CTM listing guidelines
only contain images related to the Potential Property;
does not contain telephone numbers or email addresses;
does not contain any Personal Data;
does not contain any promotional material; and
does not contain any advertisements of any other products or services of any third parties.
Content that violates this Agreement or any of these Terms may be modified, obfuscated or deleted at our discretion and you may be restricted from being able to use the CTM Services or other services we offer. You agree that we may in our absolute discretion, at any time, remove, cause to be removed or decline to display any Content which fails to comply with the terms of this Agreement, and we shall use reasonable endeavours to notify you of such decision. We may limit the number of photographs that may be displayed by the Member to 10 images per property and 2500 characters.
You confirm that you hold all necessary authorities, consents and licences necessary to use, display, reproduce and/or publish the Content and you have the authority to and grant us (and its Group Companies) a licence of the Content on the terms set out below.
You grant us and the Group a non-exclusive, royalty free, perpetual licence to copy, reproduce, display, sell, publish, adapt and otherwise use the Content or data or other information derived therefrom for any purpose whatsoever (including entering into agreements with third parties for the provision of the Content or data derived therefrom). You authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the Content in any media known now or developed in the future for these purposes. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the Content and will not assert such rights or any other intellectual property rights you have in the Content against us, our sublicensees or our assignees.
You agree to indemnify, defend and hold us and our Group, shareholders, officers, directors, employees, agents, clients or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of your use of the CTM Services or through your password or otherwise, the violation of these terms by you, or the infringement by you of any intellectual property or other right of any other person or entity.
4. Registering an Interest in the Potential Property
There is no guarantee that a Potential Property listed using the CTM Services will ever be listed for sale. For the avoidance of doubt, there is no obligation on a prospective seller to sell the Potential Property or list it for sale and a Potential Property shown on the CTM Services may or may not come on the market.
You acknowledge and agree that we are not responsible for reviewing and/or approving the listings for a Potential Property and this is provided by third parties through the CTM Services, and that you will not hold us liable or responsible for this.
In order to register your interest in a Potential Property you must provide us with your name, telephone number and email address. If you register your interest in a property listed on the CTM Services. In the event the property is then listed for sale, if the estate agent who lists the property uses Zoopla, we may provide your information to the relevant agent who is selling the property and they may contact you. By registering for a Potential Property you agree to us sending you information, including your name and contact information to the relevant estate agent and they may then contact you directly.
You will not use the CTM Services in violation of these terms and will not contact the Potential Seller in relation to the Potential Property via any means.
5. CTM Services Access and Content
We do not guarantee the CTM Services, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the CTM Services for any reason and we accept no liability for any interruption or loss of service.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the CTM Services or any content on it, whether express or implied, including without limitation any representation or warranty as to the accuracy, availability or completeness of the contents of the CTM Services.
6. Liability
6.1 Subject to clause 6.5, we shall not be liable in contract, tort (including negligence) statutory duty or otherwise to any person for any loss or damage (either directly or indirectly) which may be suffered by any person (i) in accessing, downloading, using or relying on any information or other materials contained in this CTM Services; (ii) in using third party products or services available on CTM Services; or (iii) in using links to third party websites, applications or platforms that may be included on the CTM Services. We have no liability to you for any loss of profit, loss of deposit, loss of business, loss of data, business interruption, inconvenience, stress or loss of business or personal opportunity.
6.2 The exclusions of liability contained in the clause above include but are not limited to any liability for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the CTM Services or to your downloading of any material posted on it, or on any CTM Services linked to it.
6.3 We do not, to the extent permitted by law, accept any liability (whether in contract, tort, negligence or otherwise) for any external compromises of security and/or confidentiality in relation to transmissions sent by email.
6.4 Subject to clause 6.5, our total liability in contract, tort (including negligence), statutory duty or otherwise arising out of or in connection with your use of the CTM Services and/or any materials on the CTM Services will not exceed £100.
6.5 Nothing in these Terms shall restrict or exclude our liability for death or personal injury resulting from its negligence or its liability for fraudulent misrepresentation or liability which it is otherwise not permitted by law to exclude or restrict.
7. Email Communication
When you use the CTM Services and/or send us an email and/or engage via another means of electronic means, you are communicating with us electronically. You consent to all communications being sent to you electronically via the email address that you provide to us. You agree that such communications will satisfy any legal requirement for the communication to be in writing. For full details of acceptable use see our Acceptable User Policy in the Zoopla Terms and Conditions.
8. Jurisdiction and Complaints
The CTM Services are made available to residents in the UK only. If you are a consumer, please note that these Terms, their subject matter and formation, are governed by English law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales, except if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. We may take action to enforce our intellectual property rights in any relevant jurisdiction. If any provision of these Terms is found to be unenforceable, it will be replaced with a provision reflecting the intent of the original provision.
If you wish to complain about any Content on the CTM Services or you become aware of any content that could comprise or be connected to child sexual abuse or exploitation or that could comprise terrorist content or be connected to terrorism, please contact us immediately at prelist@zoopla.co.uk
The headings in these Terms are solely used for convenience only. You may not assign or delegate any or all of your rights or obligations under these terms. Our delay or failure to exercise or enforce any right or provision of these Terms shall not constitute or be construed as a waiver of such right to act. We shall not be responsible for any breach of these Terms caused by circumstances beyond our control. Nothing in these Terms shall be construed to create a joint venture, partnership, or agency relationship between you and us, and neither you or we shall have the right or authority to incur any liability, debt, or cost, or enter into any contracts or other arrangements, in the name of or on behalf of the other.