Our Terms and Conditions

This Terms of Use notice forms part of the Terms and Conditions (Conditions) that govern your access and use of www.samconveyancing.co.uk (Our Site) or any part thereof or any service offered thereon. By accessing Our Site, you acknowledge that you have read, understood and confirmed your acceptance of all the parts, as listed at the bottom of Our Site, which collectively make up the Conditions. It is important that you read and understand the Conditions before you start to use Our Site. You may print and keep a copy of the Conditions for your reference. If you do not agree with all parts of the Conditions then you are not authorised to use Our Site.

 

Service provider

Our Site is provided by SAM Conveyancing which is a trading name of Share a Mortgage Ltd (Share a Mortgage, We or Us) registered in England and Wales under company number 08798475 with the registered office at 3rd Floor, 86-90 Paul Street, London, EC2A 4NE.

 

The introduced services through our website are provided by trained and regulated service providers. SAM Conveyancing introduces you to a select panel of service providers who you can choose to contract to perform the service for you. Please read the Terms for each service provided as follows:

 

Conveyancing

Property Search Services

Surveys

Mortgage Services

 

Use of Our Site and Content

The Content of Our Site as contained in the articles, downloadable information and blogs (Content) made available thereon is provided for guidance and information purposes only and is not to be construed as advice. SAM Conveyancing does not in any way recommend that the products and services available on this Website are suitable for you in your particular circumstances.

 

Use of Documents and delivery times

We provide legal Documents (Document) for purchase and download including:

 

Shared Ownership Protection (see below)

Assured Tenancy Agreement

Promissory Note

 

Once you have purchased a Document you will receive a pdf version by email within 30 minutes and be able to download further copies straight away. You can download Adobe pdf reader at the following link http://get.adobe.com/uk/reader/.

 

The basis on which you acquire or make use of any Document is that the Document is suitable to be used by you in conjunction with proper legal advice as to its application and adaptation for your particular requirements. The Documents are not made available to you on any other basis.

 

The Documents are prepared in compliance with the law in the jurisdiction of England and Wales. You must use Documents in this particular jurisdiction and they are not suitable in other parts of the UK or abroad. You should not use the Document if the property which the Document deals with is situated outside England and Wales.

 

Access to Our Site

Reasonable efforts will be made to keep Our Site available for use; however access is not guaranteed to be available all the time. We will not be liable for any damage or loss suffered as a result of any periodic unavailability of Our Site.

 

Due to the nature of the internet and the possibility of third party interference, Our Site is not guaranteed to be free of all viruses and technical defects of any description or any forms of computer misuse. We will not be liable for any damage or loss caused by third party interference as a result of your use of Our Site. You acknowledge that you are responsible for taking back up copies of your data and taking appropriate precautions to protect your computer systems against technical defects, viruses or computer misuse.

 

If, at any time, there are links from Our Site to other websites operated by third parties, we do not guarantee you will be able to access the other websites via any link on Our Site. We do not guarantee the content or accuracy of any third party's website, nor do we accept any responsibility for any damage or loss you may suffer as a result of your use of that website.

 

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at help@samconveyancing.co.uk.

 

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any Content or page from Our Site for your personal use and you may draw the attention of others within your organisation to content posted on Our Site. 

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

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 print off, copy or download any part of Our Site in breach of these terms and conditions, 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.

 

Shared Ownership Protection

The Shared Ownership Protection uses a Document assembly and drafting system (System). The System enables you to draft the Shared Ownership Protection (SOP) which is to be used when buying a property with more than one person. It does not provide legal advice nor does it represent a legal service. It is designed to collect relevant information and data to assist in the preparation of a legal Document. It is designed for use by persons who do not have complex legal requirements. 

When using the System you will be asked a series of questions and the answers you give will dictate the content of the SOP produced. You and all parties executing the SOP alone are responsible for ensuring that the answers or any information that you give, is correct (this includes information in relation to the identity of any parties or signatories, their age or capacity). The System relies on you providing the correct information. 

You must carefully check that the SOP produced, fully reflects all the parties wishes. If it does not, you should not execute it. It is your responsibility to ensure that the SOP is properly executed in accordance with the instructions that are provided to all the parties. 

Before executing the SOP we advise you to seek appropriate legal advice so that you are fully aware of the terms you are agreeing to within the SOP. 

By using our SOP service you agree that:

SAM Conveyancing and Share A Mortgage are not legal advisors and do not advise you as to the suitability of this document for your particular circumstances, this document is sold to you on the understanding that you will obtain appropriate legal advice before using it and you are responsible for checking that it reflects your own particular circumstances. SAM Conveyancing are able to recommend specialist solicitors who are familiar with this document who can advise you on its use.

You understand that you are all liable for the full Mortgage Repayment if any of the Owners do not pay their Share of Mortgage Repayment.

Your property may be repossessed if you do not keep up repayments on your mortgage.

You understand Mortgage Repayments can go up or down when the Mortgage Interest Rate isn’t fixed, Mortgage Repayments need to be made in full otherwise your Property could be Repossessed.

You understand that the Property Value can go up or down and any Profit or Loss on the Property is shared in accordance with the Final Share of Property percentage calculated by using the Share of Property Formula set out in the SOP.

You enter into this Agreement knowingly and willingly under no coercion from any Owner, third party or any other entity or circumstance.


Your SOP will be stored by us for a maximum period of six years. After this period you may not be able to obtain access to your SOP, and it may be deleted. We reserve the right to levy a reasonable recovery charge in respect of any SOP that is able to be recovered. We reserve the right to store your SOP offline and levy a reasonable recovery charge for you to access it again. 

We will not take any responsibility for any of the following: 

a) Verifying your answers or any information given by you when using the Shared Ownership Protection

b) Proofreading any data you have input for typographical errors

c) Any alterations made by you or on your behalf to a Document once it has been made available to you

d) Supervising or checking the due and proper execution of any Document

e) Any use of a Document or execution of a Document by a person or entity outside of the jurisdiction or country it is drafted to be used in

f) Any adverse consequences if you use any Document without taking appropriate legal advice as to its suitability for your particular circumstances

g) Undertaking any future review of any Document or to provide any advice, legal or otherwise, as to the continuing effectiveness for legal, taxation or any other purpose of any Document

  

Refund Policy

When buying Documents from us, the Service is provided in full to you at the point the Document is made available to you via email, download or post. 

You have the right to cancel your instructions to purchase a Document under Distance Selling Regulations 2000 any time up until you receive the Document via email, download or post and a full refund will be issued to you without any deductions. 

If you cancel your instructions after you receive the Document, this being the full delivery of the Service to you, or if you tick a box confirming that you waive your rights under the Distance Selling Regulations 2000 and then change your mind, you will not receive any refund.

 

Complaint Procedure

Share a Mortgage Ltd trading as SAM Conveyancing is committed to providing quality services and products. In the event that you have a complaint in relation to services or products available from Our Site you should contact us via this email address andrew@samconveyancing.co.uk. 

We aim to acknowledge complaints on the day that they are received and respond in writing within 7 calendar days. During this time we will keep you informed of the progress of your complaint. 

We will work with you in resolving your complaint in a reasonable manner.

 

Privacy Policy

Please refer to the Data Protection and Privacy Policy on Our Site for the terms of our Privacy Policy.

 

Limitation of our liability

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

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

We will 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: 

a) use of, or inability to use, our site;

b) use of or reliance on any content displayed on our site; or

c) use of the services or goods of any advertiser on our site. 

If you are a business user, please note that in particular, we will not be liable for: 

a) loss of profits, sales, business, or revenue;

b) business interruption; 

c) loss of anticipated savings;

d) loss of business opportunity, goodwill or reputation; or

e) any indirect or consequential loss or damage. 

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 purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

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.

We assume no responsibility or liability for any of the products or services provided by the Service Providers listed on this Website or introduced by Share a Mortgage trading as SAM Conveyancing Ltd.  Should you decide to appoint any of the Service Providers to work for you; the contract will be directly between you and the Service Provider on their terms and conditions.  Share a Mortgage Ltd has no contractual involvement, and will not be liable in contract or otherwise for the products and services provided to you by these organisations.

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 Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

We also 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 will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.


We have 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.

The views expressed by other users on our site do not represent our views or values.

  

Modifications

We reserve the right to change the terms, conditions, and disclaimers under which this Website or any service offered through it is offered. This right shall not affect the existing terms and conditions accepted by you upon making a legitimate purchase using this Website. These terms and conditions shall not affect your statutory rights as a consumer.


Cookies

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General

This agreement is governed by the laws of England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. 

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

These Terms & Conditions constitute the entire agreement between you and us with respect to Our Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business Documents and records originally generated and maintained in printed form. 

Any rights not expressly granted herein are reserved.