Your conveyancing quote is below. The legal fee's that you see below are what you pay with no hidden extras! Please note that our conveyancing only covers property transactions in England and Wales.
The terms "Smoover"; "smoover.co.uk";"Smoover Limited";"us";"we" or "our" refers to the owner of this website whose registered office is Cortlandt George Street Hailsham BN27 1AE, Smoover Limited is registered in England and Wales under company registration number 07139081.
Smoover Limited is registered for VAT under number 125 7780 00.
The terms "you" and "your" refers to the browser, viewer or user of our website.
This document sets out the terms on which you browse and use the website of www.smoover.co.uk ("the site") and the terms and conditions relating to the use of our services. If you continue to browse and use this website, then you are agreeing to comply with and be bound by the terms of use, which together with our privacy policy govern Smoover’s relationship with you. If you disagree with any part of the terms of use, then please do not use our website.
Before we provide any services, such as referring you to one of our approved firms, you will be asked to affirm that you agree to be bound by the Terms of Use AND also that you agree to be bound by the Terms and Conditions of Service. A tick box will be displayed at that point ("the tick box"). Do not tick the box if you do not wish to be bound by the Terms and Conditions of Service.
We may change both the Terms of Use and the Terms and Conditions of Service by posting revisions on the site. We do not have to give you any advance notice of any change. By continuing to browse and use the site, you agree to be bound by the most up to date Terms of Use. Please read the current Terms and Conditions of Service each time you complete the tick box.
Terms of Use
The use of this website is subject to the following terms of use:
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
Terms and Conditions of Service
1. General
We do not provide legal services or engage in "legal activities" as defined by S.12 Legal Services Act 2007 ("the LSA 2007"). We are neither a traditional law firm nor an alterative business structure (“ABS") as detailed in Part 5 by the LSA 2007. Any legal services offered or provided for you through our website are offered or provided by one of our approved law firms. These firms are independent firms of solicitors or ABS who are solely responsible for the advice that they provide to you.
Our conveyancing quotation/approved solicitors service and other services shall not be deemed to constitute financial or other advice. It shall be your decision as to whether a product or service is suitable for your requirements.
The services provided by Smoover and the legal services provided by our approved law firms apply only to (1) properties situated in England & Wales; (2) those aged 18 or over and (3) EU nationals
We do not take any responsibility for, or accept any liability in relation to, the conveyancing services of any approved firm. The contract for the conveyancing services is between you and the relevant firm and your rights in respect of the conveyancing services are against that firm.
As their Agents, we will send you the approved firms’ client care and related initial instruction documents which will contain full details of the contract you are to enter into with them and what you should do if you are not happy with the conveyancing services they provide. You are permitted to download or print a single copy of these documents for your own use.
We will also send the approved firm your personal details and your transaction or proposed transaction details so that they can make contact with you directly under the terms of our Privacy Policy.
2. Site Access
Our conveyancing quotation service is available without obligation and without any need to register your details.
To access the full range of features on our site requires you to register with us through the site. Your user name will be your e-mail address and your initial password will be generated by us and sent to your e-mail address. Once logged in, you may then choose to change your password by opening the My Profile tab. Passwords and usernames are for the use of the named person only and you may not transfer it.
You must keep the password confidential and not permit your password protected part of the site to be viewed by anyone who is not a registered user or a joint owner of the relevant property. You must notify us immediately of any actual or suspected unauthorised use of your password(s), by email to admin@smoover.co.uk.
When you are logged in you will be able to access the following services:
3. Site Content and Use
You must not remove any indications or ownership from any printed copies or downloads which came from the site under any circumstances. Where no such indications exist, our status (and that of any identified contributors) as the authors of the material must always be acknowledged.
The information contained in our site has been published in good faith and with the aim of ensuring its accuracy, but in some cases it may be incorrect, incomplete or out of date. If we become aware of any material inaccuracies in the information on the site we will use reasonable efforts to correct it.
You may use the site only for lawful purposes. In particular you shall not and shall not attempt to
You also agree:
4. In the Event of a Breach
We will determine, in our reasonable discretion, whether there has been a breach of the Terms of Use and/or Terms and Conditions of Service through your use of the site. When a breach has occurred, we may take such action as we deem appropriate, including, but not limited to the following:
All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
5. Restriction of Liability
A. Dealing as a Non-Consumer
If you are not a consumer and to the extent permitted by law, we hereby expressly exclude:
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
(a) loss or damage to any software and/or hardware
(b) loss of income or revenue; business; profits or contracts; anticipated savings; data; goodwill; and wasted management or office time
The formation, existence, construction, performance, validity and all aspects of the contract formed in respect of your use of the site shall be governed by English law and we and you submit to the non-exclusive jurisdiction of England and Wales.
Any waiver by us of any breach of, or any default under, any part of these terms by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the contract unless it is expressly confirmed in writing by us.
The Terms of Use together with the Terms and Conditions of Service and Privacy Policy (and in the case of an approved firm – our separate agreement with you) constitute the whole agreement between you and us and supersedes all previous agreements between you and us relating to its subject matter. You acknowledge that, you have not relied on, and, subject to the last paragraph of this section in relation to non-consumers, shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these terms.
Subject to the paragraph below, our maximum aggregate liability (whether arising in contract, tort (including, without limitation, negligence) and/or breach of statutory duty or otherwise) shall be limited to £75,000.
Nothing in these terms and conditions limits our liability for death or personal injury arising from our negligence, nor our liability for fraud, fraudulent misrepresentation, nor any other liability that cannot be excluded or limited under applicable law.
B. Dealing as a Consumer
If you are a consumer we are not responsible to you for the following as it is reasonable for us to exclude them:
(a) any losses you suffer because the information you put into the site is inaccurate or incomplete; or
(b) any losses you suffer because you cannot use either the quoting and/or and instruction and/or transaction services at any time where the cause is beyond our control; or
(c) any losses you suffer through connecting to any linked third party websites or any statements, information, content, products or services that are published on, or may be accessible from, any linked third party website and we do not guarantee that they are free from viruses or anything else that could be infectious or destructive; or
(d) for any products or services or information provided by third party providers; or
(e) if the site is unavailable at any time or for any period where the cause is beyond our control; or
(f) any errors or omissions in the site, save to the extent that we have been negligent in failing to remove or remedy any such errors or omissions; or
(g) any losses you may suffer by relying on any commentary or postings on the site; or
(h) 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 site or to your unauthorised downloading of any material posted on it, or on any website linked to it; or
(i) the privacy policies and practices of other linked third party websites, even if you access them using links from the site; or
(j) any unauthorised access or loss of personal information that is beyond our control; or
(k) the conveyancing services of any approved firm
None of the above shall operate to exclude or restrict your statutory rights as a consumer.
Subject to the paragraph below, our maximum aggregate liability (whether arising in contract, tort (including, without limitation, negligence) and/or breach of statutory duty or otherwise) shall be limited to £75,000.
Nothing in these terms and conditions limits our liability for death or personal injury arising from our negligence, nor our liability for fraud, fraudulent misrepresentation, nor any other liability that cannot be excluded or limited under applicable law.
The formation, existence, construction, performance, validity and all aspects of the contract formed in respect of your use of the site shall be governed by English law and the parties submit to the non-exclusive jurisdiction of England & Wales far as possible.
Any waiver by you or us of any breach of, or any default under, any part of these terms the other will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the contract unless it is expressly confirmed in writing by the party waiving its rights.
6. Consumer’s relationship with our approved solicitors
A. The Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013
B. Contract and Retainer
If you use this website to (1) instruct the approved solicitors to carry out conveyancing work for you and (2) they confirm those instructions, then a solicitor - client relationship will exist between you subject to the protection afforded by the rules of the Solicitors Regulation Authority (SRA) and the Law Society of England and Wales.
Such a relationship will not exist until the solicitors confirm that they accept your instructions. Our approved solicitors have agreed to accept all instructions generated from our site unless they are prevented from doing so by reason of legal or professional obligations such as a conflict of interest. You will be notified without delay if this occurs.
All our approved firms have a written Complaints Policy and you acknowledge that in the event that you have any concerns or complaint on any aspect of the services that our approved solicitors provide to you, then that approved firm will be wholly responsible for handling and dealing with your concern or complaint.
C. Referral Fees
The SRA allows solicitors to make agreements with their introducing sources such as Smoover for referral work. Such agreements must comply with, Section 9 of the Solicitors' Code of Conduct 2011 (“the Code") which contains strict rules to safeguard you. Smoover and our approved solicitors have entered into a formal referral agreement under the Code and Smoover charge £100 plus VAT for each conveyancing transaction that completes. This is payable by the approved solicitors and our agreement provides that this is not passed on to you as consumer.
7. General provisions for a Consumer and Non-Consumer
You acknowledge and agree that damages alone may not be an adequate remedy for us if there is a breach or threatened breach of these terms and that in such situations we are entitled to seek all statutory and equitable remedies available to us (including, but not limited to, injunctions and specific performance).
Each right or remedy of you and us in respect of these terms shall not affect any other right or remedy of you or us whether under these terms or not.
If any provision of these terms found by any court, tribunal or administrative body to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, enforceability or unreasonableness, not be a part of these terms and the remaining provisions shall continue in full force and effect.
If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.