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Terms of Use

Updated on September 2020

Terms of Use

Please read these TERMS OF USE carefully before using our site as they are a legally binding agreement between you and us. The TERMS OF USE are the terms and conditions that set out how we agree to operate and communicate. You may be required to register an account with us in order to get full use of the website www.boomin.com (referred to as our “Site”).

Throughout the TERMS OF USE we refer to them as ‘T&Cs’. A reference to ‘you’ or ‘your’ is a reference to you as a user of our Site. A reference to ‘we’, ‘our’ or ‘us’ is a reference to PD Innovations Limited, the provider of our Site.

By using our Site, you confirm that you accept these T&Cs and that you agree to comply with them. If you do not agree to these T&Cs, you must not use our Site.

These T&Cs refer to the following additional terms, which also apply to your use of our Site:

This website is operated by PD Innovations Limited (registered in England and Wales under company number 12090160), trading as ‘Boomin’, of 59-61 Charlotte Street St Pauls Square, Birmingham, West Midlands, England, B3 1PX. Our VAT number is 331 9151 22.

To contact us please email [email protected] or contact us by post at our address above.

We are not an Estate Agent, Letting Agent or new homes developer (together referred to as “Member Agents”). We are the providers of our Site. It is our Member Agents that display property details for you to view unless otherwise stated in these T&Cs.

We may amend these T&Cs from time to time by updating them on our Site. Every time you wish to use our Site please check these T&Cs to ensure you understand the T&Cs that are applicable at that point in time. Your continued use of our Site after any amendment will constitute your acceptance of and agreement to any changes.

We may from time to time alter the content of our Site or suspend or discontinue any aspect of our Site, which may include your access to it.

Where we process your personal data in connection with your use of our Site, this will governed by our Privacy Policy.

Property Portal and Property Playground Registration

There is no requirement to register in order to undertake a general search of our Site. However, in order to gain full access to some parts of our Site, including the ability to book a viewing or to make an offer or book a valuation with Member Agents, you will be required to register an account.

In order to register an account you must be at least 18 years of age and able to confirm that all details provided are true, accurate, complete and current. At our discretion we may refuse your application to register. Unauthorised use will result in the account being closed.

You must promptly update us with any changes to your account details by accessing your dashboard which enables you to make updates.

You will be required to create a password on registration and it is your responsibility to maintain the confidentiality of that password.

Each registration is for personal use and enjoyment only and not commercial use (unless otherwise agreed with us or stated on registration) and you must not share your username and password with any person. You will immediately notify us of any unauthorised use of your account or any other breach of security of our Site that you become aware of.

When you log into your account using your username and password you will gain access to your dashboard.

When you create an account, you may be given the opportunity to opt-in to receive marketing emails from us or third parties. You can manage your email subscription preferences via your dashboard. On occasion we may need to send you service emails relating to your account and reserve the right to do so.

We have the right to disable any account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these T&Cs.

Property Playground Registration – Business Users

If you are a business user you will be required to register a Boomin business profile in order to use Property Playground. In any such case, you warrant that you are the business owner or an employee that is authorised to create a Boomin business profile on behalf of the business. You will be responsible for all activity on the Boomin business profile.

As a business user:

(a) You will provide accurate, truthful, and complete information regarding your business, and keep all business information up to date;

(b) You will create only one Boomin business profile for your business; and

(c) You will pick a business category that accurately describes your products and services.

(d) You must comply with our Property Playground Business Profile Policy.

Property Portal Content, Ownership & Accuracy

The content on our Site is provided for general information only and is not intended to amount to advice (whether investment, financial or otherwise) on which you should rely. Further, it is not our intention to recommend or endorse any properties, products or content posted by Member Agents.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

Parts of our Site permit Member Agents to advertise and market property details and information. Member Agents that post property details are solely responsible for their accuracy. Should you have any queries regarding property details or information marked as ‘posted by Member Agents’ (“Member Posts”) you should direct them to the Member Agent concerned.

We advertise Member Posts in good faith, but we have not verified them and we make no representations, warranties or guarantees, whether express or implied about their details or content.

We do not carry on the business or activities carried on by Member Agents. Should you have any query in relation to the business or activities of Member Agents you should direct them to the Member Agent concerned.

We reserve the right to remove any Member Agents Posts at any time without notice.

General Search and Results

You may undertake a general search on our Site to find property that is for sale or to let.

Secret Properties

In order to view these posts you will need to register.

When you or a visitor to our Site or a Member Agent books a valuation on a property, a Secret Property ad is created.

Sneak Peek Posts

Once you appoint a Member Agent to sell your property (“Instruct”) we will notify all individuals that registered an interest via the Secret Property ad that the property is confirmed as coming to market.

Property Matchmaker

If you want to make a post or view a post you will need to Register.

MatchMaker Buyer

A visitor to our Site who is interested in living in particular roads or streets that, for example, fall into a desired school catchment area, can register to be a MatchMaker Buyer.

MatchMaker Seller

A visitor to our Site who is a homeowner can register to be a Matchmaker Seller and automatically create a Matchmaker Post.

ChainMaker Registration

ChainMaker registration is for those people who would be interested in a property should it come back onto the market if the sale falls through and want to be informed first.

Property Playground

A site dedicated to all things property related so that you can be inspired by others with shared interests. It also enables professionals and businesses to share their products and ideas with homeowners.

Search and Central Profile

When you register with Boomin or download the App you create an account that unlocks a unique experience and the power to see and do everything in one place, any time. You have a central profile that makes life so much easier for you.

Booking a Valuation

You can at any time 24/7 book a free valuation with one of our Member Agents who is an expert in your area.

Acceptable Use

You must comply with our Acceptable Use Policy and not misuse our system or our Site.

Content Standards

All content that you upload to our Site must comply with our Acceptable Use Policy.

Uploading Content to Property Playground

Property Playground may include information and materials uploaded by other users of our Site, including bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.

Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy

You warrant that any such content complies with those standards, and you acknowledge and agree that you will be liable to us and will indemnify us in full for any loss or damage that we suffer as a result of your breach of that warranty.

Any content you upload to our Site will be considered non-confidential. You retain all of your ownership rights in your content, but you agree to grant us and other users of our Site a licence to use, store and copy that content and to distribute and make it available to third parties in accordance with the license terms set out under the heading ‘rights you are giving us to use material you upload’ (below). You warrant and represent that you have all necessary rights and permissions in place to grant us a license on such terms.

We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We are under no obligation to monitor or review the content that is uploaded to our Site. However, we reserve the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload

When you upload or post content to our Site, you grant to us a non-exclusive, royalty free, perpetual licence to copy, store, reproduce, display, sell, distribute, publish, adapt and otherwise use the content and any 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 agree that Boomin may, but shall not be required to, identify you as the source of the content you upload to our Site, whether on our Site or on any other medium through which such content or any derivative thereof is published or displayed.

Intellectual Property – Your Content

Users of Boomin’s Property Playground must respect the intellectual property rights of others. When you upload content to Property Playground, you represent and warrant that you have the necessary rights to do so and to permit Boomin to use such content in accordance with the license terms set out above.

If you breach copyright or other intellectual property rights of others, your content may be removed or suspended in whole or part. It is our policy, in appropriate circumstances and in our absolute discretion, to disable and/or terminate accounts of users who repeatedly breach the copyright or other intellectual property rights of others.

Intellectual Property – Our Site

The copyright and all other intellectual property rights in our Site (including all database rights, trademarks, service marks, trading names, text, graphics, code, files and other materials published on it) belong to us or our licensor(s). All such rights are reserved.

Subject to our Acceptable Use Policy, you may download material from our Site for the sole purpose of using our Site where we provide an option for you to do so. You may also print off one copy, and may download extracts, of any page(s) from our Site for your personal use.

However, you must not otherwise download, copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information from our Site for any purposes without our prior written consent. Further, you must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you download, copy or otherwise make use of any part of our Site in breach of these T&Cs, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

The devices and word marks

are our registered trademarks. You must not use or copy them without our prior written consent.

How to Complain about Content

If you wish to complain about content uploaded by other users, please contact us at [email protected]

Warranty and Disclaimer

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

Our Site is provided ‘as is’ and we accept no responsibility and make no representations, guarantees or warranties that our Site will operate continuously or be available for your use at any given time, without interruptions or be fault free. We may suspend, withdraw or restrict the availability of all or any part of our Site for business and operational reasons e.g. carrying out maintenance or upgrade work. We will try to give you reasonable notice of any suspension or withdrawal.

It is your responsibility to evaluate the quality, suitability, accuracy, completeness and reliability of our Site and any information or content contained therein.

We make no warranties and give no guarantees or assurances that any property advertised on our Site will be suitable for a buyer or tenant or will result in a viewing taking place, an offer being made or sale being agreed or completed.

Any estimated values provided on our Site are intended for general interest and information purposes only and should not be relied upon for any commercial transaction or similar use. These estimates are based on publicly available information which may be inaccurate or incomplete. They will not take account of any factors which are unknown to us and should only be used as a general estimate.

If you use ‘SmartVal’ the valuation you receive is for guidance only and you should not rely on it for any commercial transaction or similar use. If you are interested in selling after using 'SmartVal' you should book a full face to face valuation at your property with a Member Agent via our Site.

None of the information available on our Site is intended to be a substitute for independent professional advice and users are recommended to seek advice from suitably qualified professionals such as surveyors and solicitors if relevant to their particular circumstances. We shall not be liable for any losses suffered as a result of relying on our value estimates.

We are not an estate agency. Property descriptions and other information provided on our website are intended for information and marketing purposes and whilst displayed in good faith we shall not in any circumstances accept responsibility for their accuracy. If you rely on these details you do so at your own risk. We recommend that you check all property details with our Member Agent who is advertising the property before making any decisions or taking any action in regard to a property advertised on our Site.

It is the responsibility of Member Agents, customers and users to ensure the accuracy and integrity of property descriptions provided on our Site and in any property particulars.

We give no warranty or guarantee that our Site or information available on it complies with laws other than those applicable under English law.

Limitation of Liability

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

Nothing in these T&Cs excludes or limits our liability for death or personal injury arising from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

We shall not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  1. Use of, or inability to use, our Site; or
  2. Use of or reliance on any content displayed on our Site.

If you are a business user, we will not be liable for:

  1. Loss of profits, sales, business or revenue;
  2. Business interruption;
  3. Loss of anticipated savings;
  4. Loss of business opportunity, goodwill or reputation; or
  5. Any indirect or consequential loss or damage.

We will not be liable for any failures of our Site due to software or internet errors or any other circumstances beyond our reasonable control.

We do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.

We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and our Site. We shall not be liable to you for any consequences arising out of or in connection with any use or attempted use of automated programs to obtain unauthorised access to our system or our Site.

If you choose to contact a Member Agent using our Site, your details (including your email address, telephone number and where you are considering a valuation, the address of the relevant property) will be made available to that Member Agent. We do not accept any liability for any subsequent communications that you receive directly from that Member Agent.

If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purpose, except where you have registered a Boomin business profile for Property Playground and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Security

We care about the security of our users. Whilst we work to protect the security of your account, we cannot guarantee that unauthorised third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorised use of your account.

You are responsible for the configuration of your information technology, computer programme and platform in order to access the websites. You should use your own virus protection software. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site.

We will not be liable for any loss or damage caused by a virus, distributed denial of service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

Indemnification

You agree to indemnify, defend and hold us harmless from any and all claims or demands, made by any third parties due to or arising out of your use of our Site, the violation of these T&Cs by you, or the infringement by you of any intellectual property or other right of any other person or entity.

Third Party Links, Sites and Services

Our Site may contain links to websites, services, offers, or other resources provided by third parties. These links are provided for your information only. We don’t endorse or assume any responsibility for any such third party sites, services, offers or other resources.

Our Site may also include advertising from third parties. We are not responsible for the content of this advertising and any misleading or inaccurate advertisements are the sole responsibility of the advertiser.

Furthermore, our Site contains data provided by third parties and we accept no responsibility for any inaccuracies within such data.

If you access any third party websites, services or content from our Site you do so at your own risk and you agree that we have no liability arising from your use of or access to any third party websites, services or content.

Rules about Linking to Our Site

You must not include links to our Site in any other site without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other site any ‘deep link’ to any page on our Site.

You may link to our home page at www.boomin.com and pages within our Site provided that you do so in a way that does not (in our reasonable opinion) damage our reputation or expose us to risk.

We reserve the right to withdraw linking permission without notice and without giving a reason.

Our Site must not be framed on any other site.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Site is for UK Users Only

Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through our Site is appropriate for use or available in other locations.

Governing Law

If you are a consumer, please note that these T&Cs, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these T&Cs, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

We may take action to enforce our intellectual property rights in any relevant jurisdiction.

General

The headings used in these T&Cs are solely used for convenience only.

You may not assign or delegate any or all of your rights or obligations in this agreement. We may assign this agreement at any time without notice to you.

Our delay or failure to exercise or enforce any right or provision of these T&Cs shall not constitute or be construed as a waiver of such right to act.

We shall not be responsible for any breach of these T&Cs caused by circumstances beyond our control.

Nothing in these T&Cs 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.

Customer Feedback and Quality

Your views are important to us and we try to ensure that all customer feedback is dealt with fairly, consistently and is properly recorded. We welcome any suggestions that you make as to how we might improve our service. Please contact us at [email protected] We aim to acknowledge all customer feedback.

We thank you for taking the time to read through these T&Cs.