Terms and Conditions of Business for Zump Platform Usage
1. About these terms
1.1. These terms will apply to any individual using this Platform.
1.2. Please read the terms carefully and make sure that you understand them before using the Platform. Please note that before registering to use the platform you will be asked to agree to these terms. If you refuse to accept these terms, you will be unable to use it.
1.3. You should print a copy of these terms or save them to your computer for future reference.
1.4. We may amend these terms from time to time and will inform you by email of any significant changes made.
In these terms:
Buyer means any person who uses the platform as a prospective buyer of a property;
Owner means any person that owns a property, or who has the authority to act for a property owner that adds a property situated in the UK to the platform;
Platform means our “Zump” app and website providing an online platform for Buyers and Owners to find and connect with one another and for Property Advisors to facilitate Sales;
Property means a UK residential property;
Property Advisor means a professional advisor who acts for Zump, on behalf of an Owner and supports the Owner and Buyer to facilitate a Sale;
Sale means the sale of a Property;
Sale Fee means the agreed fee payable by the Owner to Zump on completion of a Sale to a Buyer;
User means any user of the Platform;
A Zump means either a digital or postal notification sent by a Buyer to an Owner or to an unregistered property owner via the Platform;
3. Who we are
Zump Limited, are a company registered in England with company number 12036039. Our registered office is at 1 & 2 The Barn, Oldwick West Stoke Road, Lavant, Chichester, West Sussex, PO18 9AA. We operate the Zump app and website www.zump.me. Our VAT number is 331 6397 05. You can email us at email@example.com.
4. About the Platform and our role
4.1. The Platform makes it easy for Buyers to search for an off-market residential property and connect with the owner of that property, so they do not have to just choose from houses that are already on the market. The platform also gives Owners an easy, hassle free way to test the property market and see who might be interested in buying their property. Once a connection is made between a Buyer and an Owner, the Platform assigns a Zump Property Advisor to act as an intermediary between buyer and owner and to support and progress the connection and facilitate the sale of the Property.
4.2. Users are able to create personal profiles.
4.3. Buyers can search any address in the UK to access key data about that Property and then are able to send an expression of interest in a Property by sending a Zump.
4.4. Owners can:
4.4.1. Obtain an instant valuation for their Property; &
4.4.2. Create a profile for their Property using the template provided on the Platform; &
4.4.3. Include photos and details of their Property.
4.4.4. Share their Property via the Zump map and receive Zumps from interested Buyers.
4.5 Our role is to provide the platform and tools for Buyers and Owners to connect more easily and provide the necessary support at the point of connection in the form of a Zump Property Advisor. Property Advisors act on behalf of the Owner, however their role extends to supporting and assisting the Buyer to make the Sale process as smooth as possible.
4.6 While we may run certain background checks, they are not fool-proof and so, as a platform, we cannot take responsibility for the accuracy or completeness of information that our Users provide about themselves or their Property.
5. Account Activation
5.1. When you register as an Owner or a Buyer of the Platform, you will receive an e-mail acknowledging that your registration has been received and once your registration has been accepted, you will be notified that your account has been successfully activated.
5.2. Please note, activation of your account can take up to 24 hours.
5.3. We reserve the right to reject any offer to use the Platform by you at any time and at our sole discretion.
6. Your responsibilities generally
6.1. When you create an account with us, we ask you to choose a password to protect your account. You must keep that password safe, and you must not share it with anyone else. If you think someone else might know your password, you must change it straight away. You are solely responsible for all actions taken on the platform using your account.
6.2. Whether you use the platform as an Owner or as a Buyer, we will ask you to provide us with certain information about yourself, such as your name, phone number and your email and postal addresses. This information must be true, complete and current, and you must ensure that you keep it up to date. You may not create an account with us using an assumed name or someone else’s identity.
6.3. The platform allows Owners to upload property details, including text and photos, which other Users will see. Whenever any material is uploaded using your account, you must ensure that you have all the necessary rights to use that material and to share it with us and with other Users of the platform, and you must ensure that material does not contain anything which is unlawful, offensive, obscene, defamatory or which tends to promote discrimination on the basis of a characteristic protected by law.
6.4. We own or are licensed to use the intellectual property rights in the Platform, including our branding and the underlying technologies. We grant to you a non-exclusive, revocable, royalty-free, non-sublicensable licence to use the Platform in accordance with these terms for as long as your account remains active. You may not make any use of or exploit in any way any of our intellectual property rights except to the extent permitted in these terms.
6.5. You must not use the Platform for any unlawful purpose. In particular, you must not use the platform to launder money, avoid sanctions or capital controls, pay or receive bribes, or to do anything in connection with the proceeds of crime. We reserve the right to monitor your use of the Platform to ensure it is used lawfully.
6.6. Where another User shares with you in the context of the Platform information which they describe as confidential, or which is obviously confidential, you must not share that information with anyone else without their permission, unless you are required to do so by law. You must not post any confidential information (whether yours or another User’s) in any area of the Platform which is visible to Users generally, and we will not have any liability if you do.
6.7. The platform may contain links to third-party websites or resources. Such Third-Party Platforms may be subject to different terms and conditions and privacy practices. We are not responsible or liable for the availability or accuracy of such Third-Party Platforms, or the content, products, or platforms available from such Third-Party Platforms. Links to such Third-Party Platforms are not an endorsement by us of any such Third-Party Platforms.
7. Your particular responsibilities as an Owner
7.1. Prior to registering as an “Owner” you may receive a postal Zump from a Buyer who is interested purchasing your Property. To accept the Zump, you must call the number printed on the postal Zump, email your unique reference number to the email provided on the Zump Post or scan the QR code which will take you to the Zump website ready for you to fill in a simple form including your name, telephone number and email address.
7.2. Once you have created an account with us, you will be able to list your Property on the Platform. It is a breach of the terms and conditions to attempt to list a Property which you do not own or do not have the authority to act for a property owner. You will be able to upload information such as photos, descriptions and features to your listing. You will then be able to share your listing on the Zump map. At which point you can receive digital Zump’s from interested Buyers.
7.3. Once you have accepted a Zump and are connected to a Buyer, you will be contacted by a Property Advisor via email or phone and they will assist you with the Sale. Once you accept a Zump you will be able to communicate with the Buyer only through your Zump Property Advisor. This is to protect you as an Owner, to ensure your best interests are looked after and to professionally manage what is a complex and important transaction.
7.4. As Owner, you will be liable to pay the Sale Fee to us upon completion of any Sale to a Buyer introduced to you via the Platform, whether or not you continue using the Platform and/or one of our Property Advisors.
7.5.You are responsible for and will indemnify us in respect of all costs you may be liable for in respect of selling your property to the fullest extent permitted by applicable laws.
8. Your particular responsibilities as a Buyer
8.1. Once you have created an account with us, you will be able to search and view a range of Properties and send a Zump to the Property Owner. We provide data on off-market properties for you to be able to base your decisions on whether or not to Zump a property. We provide a ‘data confidence level’ for the data we are able to obtain. This is so we can be transparent with our Users.
8.2. We cannot take any responsibility for data that ends up being incorrect as this is off-market data which is based on algorithms and multiple sources.
8.3. As Buyer you are able to include a personal message with your Zump. It is a breach of these terms and conditions to include any potentially offensive language in these messages.
8.4. Information uploaded by Owners in respect of a Property is not verified by us. We do not warrant or accept any responsibility for the accuracy or completeness of the Property descriptions or related information provided on the platform. We cannot accept any liability for your reliance on false information.
8.5. Once you have been contacted by a Property Advisor in respect of a Property, you must only communicate with the Owner of such Property via one of our Property Advisors.
8.6. You are responsible for and will indemnify us in respect of all costs you may be liable for in respect of buying a Property to the fullest extent permitted by applicable laws.
9.1. There are no fees to Owners to share their properties on the Zump Map in order to gauge interest and receive Zumps from Buyers.
9.2. Where an Owner accepts a Zump and that introduction leads to a Sale then the Sale Fee will be payable to us by the Owner.
9.3. If the property does not sell as a result of a Zump there is no fee.
9.4. There are no fees to Buyers to search for an off-market residential property and connect with Owners.
9.5. Users can select Enhanced Functionality on the Platform for which we may charge a one-off fee. This enhanced functionality includes, but is not limited to:
9.5.1 Providing a postal Zump, if you are a Buyer;
9.5.2. Data on a specific Property, if you are a Buyer; or
9.5.3. A Property Valuation Report if you are an Owner.
9.6. Prior to agreeing to Enhanced Functionality you will be informed of the Enhanced Functionality Fee payable to us.
10. Your statutory right to cancel within 14 days
10.1. You have the right to cancel the Enhanced Functionality Contract with us within 14 days without giving any reason and we will refund any fees paid.
10.2. The cancellation period will expire after 14 days from the day you agreed to Enhanced Functionality.
10.3. To exercise this statutory right to cancel, you must inform us of your decision to cancel the Contract by a clear statement to us at Zump, 1 & 2 The Barn, Oldwick West Stoke Road, Lavant, Chichester, West Sussex, PO18 9AA or emailing us to firstname.lastname@example.org. You may use the model cancellation form available at the bottom of these terms, but it is not obligatory.
10.4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your statutory right to cancel to us at before the cancellation period has expired.
11. Cancellation after 14 days
11.1. Should the statutory right to cancel the Contract not apply, you can cancel the Contract with us at any time by contacting us at email@example.com
11.2. Any Enhanced Functionality Fee will not be refunded.
11.3. If you are an Owners you may still be liable for the Sales Fee if you sell the property to a person we introduced to you through a Zump.
12. Your privacy
13. Our rights and responsibilities generally, and our liability to you
13.1. We operate the Platform. We will use reasonable endeavours to keep the technology powering the Platform operational, allowing for appropriate maintenance windows and acknowledging that a certain amount of unscheduled downtime is inherent in web-based Platforms such as the Platform, and we will perform the Platform using reasonable skill and care. We offer no other warranty in respect of the Platform, and all warranties which would otherwise be implied into these terms by operation of law are excluded to the fullest extent permitted.
13.2. We may add or remove features from the Platform from time to time. We will use reasonable endeavours to inform you of changes to features of the Platform likely to have a significant impact on how you use it.
13.3. We do not warrant or accept any responsibility for the accuracy or completeness of the Property descriptions or related information provided on the platform.
13.4. In order to ensure that our risk is maintained at a level that is commercially viable, and in line with the limited fees which we charge for the Platform, our liability to you is limited or excluded as follows:
13.4.1. nothing in these terms will limit or exclude our liability for fraud, fraudulent misrepresentation or any other matter which it is unlawful to limit or exclude;
13.4.2. losses that were not foreseeable as a probable result of the breach of these terms to both parties when you accepted these terms;
13.4.3. losses that were not caused by a breach of these terms by us or our officers, employees, Property Advisors, contractors or subcontractors; and
13.4.4. losses incurred in connect with the operation of a business.
13.5. We may suspend or terminate your account with us immediately:
13.5.1. if you breach these terms;
13.5.2. if we reasonably believe it is necessary to protect our interests or those of other; or
13.5.3. if you die or otherwise become incapable of performing your obligations under these terms.
14. Faulty services
14.1. You have certain legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) in respect of the quality of services we are required to provide you. For more detailed information on your rights and what you should expect from us, please contact us using the contact details at the top of this page or visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
14.2. Nothing in these terms affect your statutory rights and you may also have other rights in law.
To the maximum extent permitted by applicable law, you agree to release, defend (at our option), indemnify, and hold us and our affiliates and subsidiaries against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these terms, (ii) your improper use of the Platform, (iii) your interaction with any User or Property, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay or use, or (iv) your breach of any laws, regulations or third party rights. The indemnification obligation according to this clause 15 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
If you have a complaint, please contact us at firstname.lastname@example.org.
17. Other important terms
17.1. These terms and the documents referred to in them contain the whole of the agreement between you and us relating to the Platform.
17.2. These terms are agreed between you and us. No person shall have any rights under or in connection with these terms under the Contracts (Rights of Third Parties) Act 1999.
17.3. If any court or competent authority decides that any term of these terms is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
17.4. No representation or other pre-contractual statement will have any legal effect unless (and solely to the extent that) it is repeated in these terms.
17.5. Nothing in these terms will create any relationship of partnership, agency or employment between us.
17.6. No waiver of any of these terms will be valid unless we agree it in writing.
17.7. Neither party will have any liability for its failure to perform its obligations under these terms if and to the extent that failure is caused by a reason beyond its reasonable control.
17.8. These terms and all non-contractual obligations arising out of or in connection with them are governed by English law and subject to the exclusive jurisdiction of the English courts.
18. Cancellation form
Please copy and paste the form below, complete the details and return the form either by post to the address below or by email to email@example.com.
(Complete and return this form only if you wish to withdraw from the Contract)
Whitefriars Business Centre
Whitefriars Lewins Mead
I [NAME] hereby give notice that I cancel my contract with Zump Limited
Entered into on [DATE]
Name of consumer, [INSERT]
Address of consumer, [INSERT]
Signature of consumer (only if this form is notified on paper):
1. Entry period: The Promotion opens for entry at 12:01 am (UK time) on 20/08/2021 and closes at 11:59 pm (UK time) on 28/09/2021 ("Entry Period").
1. To participate in the Promotion, entrants must be a legal resident of England, Scotland and Wales and at least 18 years old at the time of entry. Residents of Northern Ireland and the Republic of Ireland are excluded.
2. A Zump account is required to enter the Promotion.
3. Zump reserves the right at any time to require proof of eligibility in such form as Zump considers necessary.
Not eligible: The following persons are not eligible to enter the Promotion: (i) any employee or other individual engaged by Zump, or any other related companies (ii) members of the immediate family and/or household (whether related or not) of any of those individuals; and (iii) anyone else professionally involved with the operation or administration of the Promotion.
3. How to enter: To enter the Promotion, entrants must complete the following steps during the Entry Period:
The first prize (Season tickets):
1. Download the Zump app on the App store or Google Play Store
2. Create an account
3. Add Bristol Bears to your Profile
The second prize (£100 of vouchers):
1. Like, share and comment on the post promoting the competition
4. Prizes: There are two prize to be in this competition.
The first Prize consists of two (2) 2021/2022 Bristol Bears season tickets. Only one person can win. The prize is valid until the end of the season and can be used on home games only.
The second prize is a gift voucher to either Good Sixty, Yupp, or One4all worth £100.
5. Prize Conditions: The following conditions apply to the Prize:
6. The Prize is non-transferable, non-refundable, non-exchangeable and no cash alternative is available. However, if Zump considers it appropriate, or if it becomes necessary for reasons beyond our control, a Prize may be varied or swapped for a suitable alternative in Zumps discretion.
7. Winner Selection: All eligible entries will be entered into a draw at random. The winners will be selected at random and announced on Facebook on the 13th of September.
8. Winner notification: The winners will be announced on Facebook on the 13th of September. The winner will then be notified using any of the contact details connected to their Zump account at the time of entry. We will make reasonable efforts to contact the winner, but it is the winner’s responsibility to monitor their email account and voicemail, including any junk mail folders, for receipt of the notification.
9. Claiming the Prize: The winners must accept the Prize within two working days of the initial notification. The prize is time-sensitive therefore failure to accept the prize within the deadline may result in the prize being forfeited and Zump may be forced to choose an alternative winner. Alternative winners will be selected and notified as set out above and again claim the prize within two working days.
10. Prize Collection: The prize can be collected in Bedminster or delivered to a Bristol residence within reason. We can post the prize, if necessary, but we will need to see proof via zoom that you own the property profile before we are willing to send the prize.
11. Publicity: By entering this competition, each entrant agrees that in the event they win, the entrant will take part in reasonable promotion connected to the competition. Zump is entitled to share the winner's name, property profile and pictures in connection with such publicity. Each entrant agrees that Zump can share, promote or publish any image, text, video or other content submitted or uploaded to the property profile during the entry period. This content can be shared on Facebook, Instagram, Twitter or www.zump.me
12. No Endorsement: This competition is in no way endorsed, sponsored, or administered by or associated with any social network or third party.
13. Cancellation: Zump reserves the right to vary, cancel or suspend the promotion and or the rules if it considers it necessary or appropriate to do so. In the event of a cancellation, the prize may be awarded to a winner drawn from the entries received prior to cancellation.
14. Disqualification: without limiting the options available Zump reserves the right to disqualify any entrant, including the winner, if Zump regards them as being in breach of these rules.
15. Accessing these Rules: Any website in which these rules are posted is only intended to be accessed from England, Wales and Scotland. Zump makes no representation that materials relating to this competition are appropriate or available for use at other locations.
16. Disputes: If there is a dispute about this competition or these rules, Zumps decisions are final.
17. Law and jurisdiction: These Rules and Promotions are governed by English law, and any disputes arising in connection with them shall be subject to the exclusive jurisdiction of the courts of England and Wales.
18. Personal data: Entrants acknowledge that any personal data of entrants processed in connection with this Promotion will be processed in accordance with the Zumps Privacy Notice at https://zump.me/privacy-policy.html
1. Zump will retain entrants' personal data for as long as it is required for the purposes described in these Rules and Zumps Privacy Notice.
2. Entrants have certain rights in relation to their personal data, including: (i) to obtain copies of it; (ii) to have it corrected or deleted; (iii) to limit the way in which it is used; (iv) to object to its use; (v) to transfer it; (vi) not to be subject to decisions based on automated processing (including profiling); and (vii) to complain to the regulator, the UK Information Commissioner's Office. Entrants can find out how to raise concerns with the regulator on its website at https://ico.org.uk/concerns/ or by calling its helpline on 0303 123 1113. For more information about data subject rights, please see Zumps Privacy Notice. Please note that many data subject rights are not absolute and the extent to which they apply may vary depending on the circumstances and any exemptions that may apply.