Ostrich
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Terms of Service

Last Updated: 1st January 2024

1. These Terms of Service

1.1

Welcome to ostrich.co.uk (the “Platform”), owned and operated by Ostrich X Limited (referred to as “we,” “us” or “our” in this document). We are a company registered in England with company registration number 13774574. Our registered office is at 4.04, 60 Grays Inn Road, London, WC1X 8LU. Our registered VAT number is 397744828.

1.2

These terms of service (“Terms”) govern your access to and use of the Platform, including, without limitation, your access to and use of any features and services which we make available via or in connection with the Platform (all of the foregoing collectively, the “Services”).

1.3

We reserve the right to vary these Terms and the Services we provide at any time.

1.4

The Platform is a marketing display website which allows homeowners (whom we call “Homeowners”) to list their properties (known in this document as “Properties”) off-market and allows prospective buyers (which may include other Homeowners) to indicate their interest in such Properties (and these people are “Buyers”). The Services include the facility for Buyers to make viewing requests to Homeowners in relation to their Properties. If a Homeowner wishes to progress a viewing request, they will appoint Ostrich to act as their estate agent under the Ostrich Sales Terms.

1.5

At times, Ostrich may act as an agent for a Homeowner under the Ostrich Sales Terms.

1.6

We do not endorse and have no responsibility for listings, descriptions or Properties appearing on the Platform.

1.7

Please read these Terms carefully. They set out your rights and responsibilities when you use the Services, and other important information. By accessing the Platform and/or otherwise using the Services, you signify your agreement to these Terms. If you do not agree to be bound by these Terms, you may not access or use the Platform or the Services.

1.8

Throughout these Terms and in relation to the Platform and the Services, Homeowners and Buyers are referred to collectively as “Users”.

1.9

Please note that we offer our Services only to consumers for domestic and private use. You are a consumer if you are an individual and access our Services wholly or mainly for your personal use.

1.10

You agree not to use our Services or Platform for any commercial or business purposes or in connection with your trade, business, craft or profession, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity where you use our Services or Platform in breach of this clause 1.10.

1.11

You can contact us by emailing our customer service team at hello@ostrich.co.uk.

2. Properties

2.1

Homeowners must only list properties of which they are the legal owner or where they are legally entitled to do so.

2.2

We do not guarantee that we will list your Property on our Platform within any requested timeframe or at all. If we list your Property, we reserve the right to remove your Property from the Platform at any time without consulting you.

2.3

If we agree to list your Property on the Platform, we may arrange for one of our representatives to take photographs and prepare a floor plan of your Property.

3. Viewing Requests and Offers

3.1

Buyers may make viewing requests which include an indicative offer (referred to as “Offers”) to Homeowners to indicate a price at which they would consider purchasing a Property. These Offers are non-binding, and no contract for the purchase of a Property shall be formed based on such Offers or any acceptance (or apparent acceptance) of such Offers by a Homeowner.

3.2

If you are a Homeowner, you acknowledge and agree that we cannot guarantee that any Offers made indicate a genuine interest in purchasing a Property. Users are not obliged to take any further steps (including entering into any communication in any form) in relation to any Offers made in relation to a Property.

4. Homeowner Obligations

4.1

If you are a Homeowner, you must inform us immediately:

  1. (a) if you place the Property on the open market;
  2. (b) if you are no longer the owner of the Property; or
  3. (c) if you no longer have a legal right to authorise its appearance on the Platform (such as where the Property is sold or otherwise transferred to another party).
4.2

You can inform us if you place the Property on the open market by emailing us on listings@ostrich.co.uk.

4.2

Where you own the Property jointly, you confirm that you have the authority to act for and on behalf of the other joint owner(s). You are responsible to the other joint owner(s) for your use of the Services and the Platform.

5. Buyer Obligations

5.1

If you are a Buyer, you must not:

  1. (a) contact or attempt to contact Homeowners except via the Platform’s request a viewing functionality (except where Ostrich has introduced the Buyer to the Homeowner) or or
  2. (b) use the ‘request a viewing’ functionality for any reason other than to make a genuine viewing request on a Property.

6. Our Obligations

6.1

Before we list your Property on the Platform, we will contact you by email to request your approval of the listing we have prepared in relation to your Property.

6.2

Please contact us at listings@ostrich.co.uk if there is an error in the information displayed on the listing page.

6.3

Where you are a Homeowner and you request that we remove your listing from the Platform, we will endeavour to do so within 48 hours of receiving your request.

6.4

If we discover that your Property has been placed on the open market, but you have not informed us of this, we will contact you before making any changes to the listing. We may remove the listing from the Platform while we endeavour to make contact with you.

6.5

We will review Offers submitted by Buyers before they are provided to Homeowners and may approve or reject such offers without informing the Buyer and/or the Homeowner where we believe, in our sole discretion, that they breach any of the provisions of these Terms.

7. Your Account

7.1

You must be at least 18 years of age and based in the United Kingdom to access and use the Platform and Services. We do not represent that content available on or through the Platform is appropriate for use or available in other locations.

7.2

You must create an account on our Platform in order to use the Services. You must provide accurate and complete registration information when you create an account and update this information when necessary during the course of your relationship with us. You are responsible for the security of your account and password. If you become aware of any unauthorised use of your account or password please notify us immediately at hello@ostrich.co.uk.

7.3

You must not disclose details of your account (including passwords) to any third party and you may not transfer your account to another party without our prior written consent.

7.4

You acknowledge and agree that we are not responsible for managing and maintaining the security of your account and we shall not be liable for any unauthorised access to, or use of, your account. You will be liable for all activity which takes place via your account whether authorised by you or not.

7.5

We have the right to disable any password, whether chosen by you or allocated by us, and/or close your account, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms, including the requirement not to use the Services for commercial or business purposes.

7.6

You may close your account at any time. Please contact us athello@ostrich.co.uk to close your account.

8. Acceptable Use

8.1

You agree that you will not access, store, distribute or transmit any viruses, or any material during the course of your use of the Services that:

  1. (a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
  2. (b) facilitates illegal activity;
  3. (c) infringes any copyright, database right or trade mark of any other person;
  4. (d) depicts sexually explicit images;
  5. (e) promotes unlawful violence;
  6. (f) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
  7. (g) is otherwise illegal or causes damage or injury to any person or property;

and we reserve the right, without liability or prejudice to our other rights, to disable your access to any material that breaches the provisions of this clause.

8.2

You agree that you will not:

  1. (a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between you and us (and except to the extent expressly permitted under these Terms):
    1. (i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform or its underlying software in any form or media or by any means; or
    2. (ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform or its underlying software; or
  2. (b) access all or any part of the Platform and/or the Services in order to build a product or service which competes with the Platform and/or the Services; or
  3. (c) use the Platform and/or the Services to provide services to third parties; or
  4. (d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform and/or the Services available to any third party; or
  5. (e) attempt to obtain, or assist third parties in obtaining, access to the Platform and/or the Services, other than as provided under these Terms; or
  6. (f) introduce or permit the introduction of, any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful into our network and information systems.
8.3

You agree that you will comply with all applicable laws and regulations with respect to your use of the Platform and the Services.

8.4

You agree that you will not share any information, listing or other pages from the Platform with any third party, or post or share any information from the Platform on any social media platform or other website.

8.5

You agree that you will not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Platform or any Services provided via, or in relation to, the Platform. This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

8.6

You confirm that all information which you provide to us in relation to your use of the Services and the Platform is true and accurate.

9. Third party links

Where the Platform contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.

10. Data protection

10.1

We will only use your personal information as set out in ourPrivacy Policy.

10.2

We will comply with applicable data protection legislation when providing our Services.

11. Warranties

11.1

We warrant that everything we do, we will do with reasonable care and skill. If you are a consumer, nothing in these Terms affects your statutory rights.

11.2

However, subject to Clause 11.1, we do not warrant that:

  1. (a) your use of the Platform or the Services will be uninterrupted or error-free; or
  2. (b) that the Platform or the Services or the information obtained by you through the use of the Platform or the Services will meet your requirements; or.
  3. (c) that the Platform, the underlying software or the Services will be free from viruses or other vulnerabilities.
11.3

We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Platform and the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

11.4

The Platform is made available free of charge.

11.5

Any value estimates provided on the Platform are intended for general interest and information purposes only and should not be relied upon for any commercial transaction or similar use.

11.6

Although we use commercially reasonable endeavours to make the Platform and the Services available 24 hours a day, seven days a week, we do not guarantee that our Platform or the Services will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Platform or Services for business and operational reasons at any time.

12. Information on the Platform

12.1

The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Platform.

12.2

Although we make reasonable efforts to ensure that listings are accurate and to update the information on the Platform, we rely on information provided by Homeowners and publicly available sources and as such, we make no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up to date.

12.3

Information provided within listings does not constitute property particulars.

13. Proprietary rights

13.1

You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Platform and the Services, including the intellectual property rights in floor plans, photographs and the content of listings.

13.2

Except as expressly stated in these Terms, these Terms do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Platform or the Services.

13.3

You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

13.4

Our status (and that of any identified contributors) as the authors of content on the Platform must always be acknowledged.

13.5

You must not use any part of the content on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

13.6

If you print off, copy, download, share or repost any part of the Platform in breach of these Terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

14. Indemnity

You shall defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with any breach of your obligations under clause 2 (Properties), clause 4 (Homeowner Obligations), clause 5 (Buyer Obligations) and clause 8 (Acceptable Use).

15. Limitation of liability

15.1

Except as expressly and specifically provided in these Terms:

  1. (a) you assume sole responsibility for results obtained from the use of the Platform and the Services, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided by you to us in connection with the Platform or Services, or any actions taken by us at your direction; and
  2. (b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms and any contract between you and us.
15.2 Nothing in these Terms excludes our liability:
  1. (a) for death or personal injury caused by our negligence;
  2. (b) for fraud or fraudulent misrepresentation; or
  3. (c) for any liability that cannot be legally limited.
15.3

If you use the Platform and/or the Services for business purposes then, subject to 15.1 and 15.2:

  1. (a) We exclude all implied conditions, warranties, representations or other terms that may apply to the Platform or any content on it;
  2. (b) We will not be liable to you 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. (i) use of, or inability to use, the Platform; or
    2. (ii) use of or reliance on any content displayed on the Platform; and
  3. (c) We will not be liable to you for:
    1. (i) loss of profits, sales, business, or revenue;
    2. (ii) business interruption;
    3. (iii) loss of anticipated savings;
    4. (iv) loss of business opportunity, goodwill or reputation; or
    5. (v) any indirect or consequential loss or damage.
15.4

If you are a consumer, then, subject to 15.1 and 15.2, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract between you and us or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the onboarding process.

15.5

Nothing in these Terms excludes your liability for any breach, infringement or misappropriation of our intellectual property rights.

16. Rules about linking to the Platform

16.1

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

16.2

You must not establish a link to the Platform in any website that is not owned by you.

16.3

The Platform must not be framed on any other website, nor may you create a link to any part of the Platform other than the home page.

16.4

We reserve the right to withdraw linking permission without notice.

17. Other important terms

17.1

We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

17.2

The contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.

17.3

Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

17.4

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of you breaching these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

17.5

Nothing in these Terms is intended to or shall operate to create a partnership between you and us, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

17.6

These Terms and the contract between you and us are governed by English law and you can bring legal proceedings in respect of the Platform or the Services in the English courts. If you are a consumer that lives in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you are a consumer that lives in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.

Voucher Promotions - 2024

The below terms relate to a promotion featured by Ostrich. Homeowners who successfully list their property on Ostrich will be eligible to receive a gift card for the amount advertised in the promotion for the retailer advertised if the following conditions are met:

  • The property listed is in the borough of Islington or Hackney.
  • The correct referral code is entered when you book an appointment at https://ostrich.co.uk/list-your-home/.
  • The appointment for the home to be photographed takes place before the deadline outlined in the promotion. Appointment availability is shown during the appointment booking process.
  • You are the legal owner of the property you submit a listing request for, and are legally entitled to list this property on Ostrich.co.uk.
  • Where you own the Property jointly, you confirm that you have the authority to act for and on behalf of the other joint owner(s).
  • Your home is in a suitable condition to be photographed at the time of the photography appointment.
  • You sign up for an Ostrich.co.uk account.
  • Following the photography appointment we will produce a listing for your property. You must approve this listing to go live before you become eligible to receive the voucher.
  • You agree to our terms and conditions and privacy policy.

Depending on applicable tax laws, your distribution of Vouchers may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your receipt of Vouchers.

This promotion is in no way affiliated with, endorsed by or administered by the promoted retailers including but not limited to: John Lewis LLP, Amazon.com, Inc, or Selfridges Retail Limited. Your gift card will be administered by Ostrich.

Refer a friend: Voucher Promotions - 2024

The below terms relate to a promotion featured by Ostrich. Individuals who refer an Islington homeowner to list their property will be eligible to receive a gift card for the amount advertised in the promotion for the retailer advertised. The homeowner that lists as part of the promotion will also be eligible to receive a gift card for the same amount if the following conditions are met:

  • The property listed is in the borough of Islington or Hackney.
  • The correct referral code is entered when you book an appointment at https://ostrich.co.uk/list-your-home/.
  • The appointment for the home to be photographed takes place before the deadline outlined in the promotion. Appointment availability is shown during the appointment booking process.
  • You are the legal owner of the property you submit a listing request for, and are legally entitled to list this property on Ostrich.co.uk.
  • Where you own the Property jointly, you confirm that you have the authority to act for and on behalf of the other joint owner(s).
  • Your home is in a suitable condition to be photographed at the time of the photography appointment.
  • You sign up for an Ostrich.co.uk account.
  • Following the photography appointment we will produce a listing for your property. You must approve this listing to go live before you become eligible to receive the voucher.
  • You agree to our terms and conditions and privacy policy.

Depending on applicable tax laws, your distribution of Vouchers may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your receipt of Vouchers.

This promotion is in no way affiliated with, endorsed by or administered by the promoted retailers including but not limited to: John Lewis LLP, Amazon.com, Inc, or Selfridges Retail Limited. Your gift card will be administered by Ostrich.

© Ostrich X Ltd 2024