Offr Portal Terms & Conditions
These terms and conditions govern your use (“you”, “your”) of the Offr portal and related services (“Portal T&Cs”).
1. THESE PORTAL T&CS AND INFORMATION ABOUT OFFR
1.1 Parties to these Portal T&Cs.
1.2 Please read these Portal T&Cs carefully.
- You acknowledge and agree that by submitting your registration to use our services or by using any part of the Offr services (including the Offr Button), you signify that you have read, understood, and agree to be bound by these Portal T&Cs and the Offr terms referenced in this agreement. If you do not accept these Portal T&Cs, you are not permitted to use the Offr portal or services.
- You acknowledge and agree that by being registered as a Firm User (as outlined in clause 3.2) to use our services or by using any part of the Offr services (including the Offr Button) as a Firm User, you signify that you have read, understood, and agree to be bound by these Portal T&Cs and the Offr terms referenced in this agreement. If you do not accept these Portal T&Cs, you are not permitted to use the Offr portal or services as a Firm User. The terms “you” and “your” as used herein will also apply to Firm Users.
- These Portal T&Cs contain both general terms for all types of users and specific terms dependent on what type of user you are (i.e. Vendor, Purchaser or any other professional adviser engaged by the Purchaser and/or Vendor to facilitate the transfer of property, the “Professional Adviser”).
2. Offr Services
2.1 What we do.
2.2 Offr Service
- Any person or company that advertises property for sale on the Offr Portal (“Estate Agents”);
- Any person who has registered on the Offr Portal with the intention of placing an offer on a property (“Purchaser”);
- The person or company selling a property or, if applicable, that person’s personal representatives (“Vendor”); and
- The registered legal practitioner or firm of legal practitioners engaged by the Vendor and/ or Purchaser to assist with the property transaction (“Solicitor”).
2.3 Purchase of property
3. Accessing the Offr Portal
3.1 Registration
- have read, understood and agree to be bound by these Portal T&Cs, the Offr Website terms (available here) and our Privacy Notice (available here);
- be at least 18 years old;
- in the event you are an Estate Agent, provide any applicable registration number for your regulatory body (if any) in compliance with local laws and regulations; and
- register and set up a Firm Account (see clause 3.2 below) or a user account with a username and password (your “MyOffr Account”).
3.2 Firm accounts
3.3 Administrators
3.4 Responsibility for Firm Users
3.5 Your Information
3.6 Login Details
3.7 No liability for unauthorised use of your login credentials
3.8 KYC Compliance
3.9 KYC Verification
3.10 Additional KYC
4. The Offr Portal
4.1 The Offr Portal may occasionally be unavailable.
4.2 Maintenance Windows
4.3 We are not required to monitor use of the Offr Service
4.4 Software Updates
4.4 Third Party Software
5. Third party services used by the Offr service
5.1 Third Party Providers.
- In addition to manual payment transfers, you have the option of using our integration partner to provide payment facilities to you and facilitate the purchase of property via the Offr Portal and to process Single Euro Payments Area (SEPA) payments. Stripe Payments UK Ltd and GoCardless Ltd, both registered electronic money institutions with the UK’s Financial Conduct Authority (FRN: 900461) are our integration partner(s) providing this service, the “Payment Facilitator”. To use this service, you are required to register an account with either Payment Facilitator;
- we offer you the option of arranging the execution of any documents - including the formal agreement between a Vendor and the Estate Agent in the form available within the Offr Portal (the “Property Sales Agreement”) and the contract to be entered into by a Vendor and a Purchaser to provide for the sale of a property (which may or may not be on template terms provided by an applicable regulatory body, as determined by Offr) (the “Contract for Sale”) – via our document execution partner. This is currently DocuSign UK Limited, a company incorporated and registered in England and Wales with company number 10308354, the “Signature Partner”; and/or
- in the event you are acting as an Estate Agent we can provide KYC checks through our KYC partner(s) that are available (the “Third Party Providers”). You acknowledge that your use of such third party services will be subject to the applicable Third Party Provider’s terms and conditions and privacy policies. If you are having technical issues with any of the Third Party Providers, you should address such issues relating to such Third Party Providers directly.
5.2 Right to change Third Party Providers
6. What these portal T&C's do not govern
6.1 Third party engagements.
- Vendors and Purchasers for the completion of a purchase of property, which shall be governed by the Contract for Sale;
- Vendors for the engagement of their Estate Agent, which shall be governed by the Property Sales Agreement; or
- Vendors and Purchasers for the engagement of their respective Solicitors, which shall be governed by the professional engagement between a Purchaser and/or Vendor with their respective Solicitors.
6.2 Address advice complaints to the Professional Adviser
7. User Specific Acknowledgements
7.1 Key warnings.
The following section applies to both Purchasers and Vendors:
7.2 Appoint Professional Advisers
The following section applies to Vendors:
7.3 Vendor obligations in relation to the property
- we will disclose to Purchasers on the Offr Portal the fact that you are the Vendor of such property;
- the Purchaser is entering into a contract with you, not with Offr, and you are responsible and liable to the Purchaser for carrying out your obligations under that contract;
- any queries and complaints in relation to the property are directed at, and are the responsibility of, you or your Estate Agent rather than Offr; and
- the Contract for Sale will apply to the sale of any property by you to a Purchaser, and any compliance with such Contract for Sale is between the parties to that agreement only.
The following section applies to Purchasers:
7.4 Purchaser obligations in relation to the property
- you are purchasing that property from the Vendor, not from Offr, and that you, the Vendor (or your Professional Advisers) remain responsible for the completion of that transaction under any Contract for Sale;
- we will disclose to the Vendor on the Offr Portal the fact that you are the Purchaser of such property;
- the Vendor is entering into a contract with you, not with Offr, and you are responsible and liable to the Vendor for carrying out your obligations under that contract; and
- the Contract for Sale will apply to the purchase of any property by you from a Vendor, and any compliance with such a Contract for Sale is between the parties to that agreement only.
The following section applies to Estate Agents:
7.5
The following section applies to Professional Advisers:
7.6 Professional Advisers
8. Fees
8.1 Outline of Fees
8.2 Free access to services.
8.3 Invoicing frequencies
8.4 Payment timescales
8.5 Taxes
8.6 Adjustments to the Fees
9. Data Protection
9.1 Processing personal data
9.2 Please read third party privacy notices
9.3 When we act as processor
9.4 Data Security
10. Use Restrictions
10.1 Assigning a Digital Identity.
10.2 Access Restrictions in line with your Digital Identity.
10.3 You are responsible for complying with the law
10.4 Do not commit fraud
10.5 Do not misuse Offr.
10.6 Do not publish offensive or malicious content.
10.7 No spamming.
10.8 Do not do anything to bring Offr into disrepute.
10.9 Certain standards apply to any content.
10.10 You must ensure any Contribution does not breach the following.
A Contribution must not:
- be defamatory, offensive, hateful, deceptive, threatening, abusive or in contempt of court;
- promote sexually explicit material, violence, discrimination or any illegal activity;
- infringe any copyright, database right or trade mark of any other person;
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
- contain any advertising or promote any services or web links to other sites.
10.11 We decide if Contributions breach the Content Standards
11. Security
11.1 Do not hack or misuse the Offr Portal.
11.2 Hackers will be prosecuted.
11.3 Anti-virus measures.
11.4 Do not upload malicious content.
11.5 Suspicious Activity.
12. Your content
12.1 Your content
12.2 You grant us a licence to use your data.
12.3 Your ownership of Your Content.
13. Intellectual Property Rights
13.1 We own or license all intellectual property in the Offr Service.
13.2 Licence to use the Offr Portal.
As long as you comply with these Portal T&Cs, Offr grants you a limited, non-exclusive, non-transferable, revocable licence for the term of these Portal T&Cs to access and use the Offr Portal:
- if you are acting in the course of your employment or business, for the internal business use of your employer or business only; and
- if you are acting as a consumer, for your personal use only.
13.3 Do not copy or redistribute the Offr Portal or any content in the Offr Portal.
13.4 Do not interfere with any trademarks or copyright.
13.5 Derivative works.
13.6 Transactional Information.
14. Offr Button & Customisation
14.1 Access to the Offr Button.
14.2 Customisation.
14.3 Other uses of the Offr branding.
15.Property Transactions
15.1 Compliance with the law.
15.2 Required information.
15.3 Withdrawal of a property.
15.4 Information available during the Marketing Period.
15.5 Cancelling or suspending the property sale processes.
15.6 Offr may refuse an offer.
15.7 Disputes.
15.8 Notification of the Reserve Price.
16. Data Room
16.1 Access to the Data Room.
16.2 Solicitors must update information.
16.3 Addition of documents to the Data Room.
16.4 Obligation to review Legal Documents.
16.5 Offr is not responsible for the contents of the Data Room.
16.6 Licence to Legal Documents.
16.7 Authority to act.
16.9 Legal Communications.
17. General Disclaimers
17.1 Information on the Offr Portal.
17.2 Professional advice.
17.3 Property inspections.
17.4 Marketing Information.
17.5 Particulars.
17.6 Plans and Photographs.
17.7 Copies.
17.8 Valuations.
17.9 What we are not responsible for in Property Sales.
You acknowledge and agree that we provide the Offr Portal (in accordance with these Offr Portal Terms) which in relation to the Property Auction and Private Treaty Sales (“Property Sales''), we simply act as a technology platform to facilitate such Property Sales and do not provide any advice or assistance relating to the bidding and eventual sale of any Property by way of either Property Sales. As such we are not responsible for actions taken by Bidders or Vendors via the Offr Portal and any participation in Property Sales is at your own risk. We expect and strongly recommend that all Bidders take standard precautions before participating in any Property Sales, for example and without limitation:
- taking professional advice from appropriate Professional Advisers in relation to either Property Auction and/or Private Treaty Sale, including a conveyancer (i.e. Solicitor) and, in appropriate cases, a chartered surveyor and an accountant;
- have the funds or finance available for the necessary deposits required (as defined in the Auction Terms and Private Treaty Terms) and eventual purchase price of the Property;
- carry out usual searches and make usual enquiries of the Property or engage Professional Advisers to do the same; and
- if applicable, consider with the chosen mortgage provider that the Property would be deemed suitable for mortgage lending purposes.
17.10 We assume you act like a prudent Bidder.
18. Our liability to you
18.1 We do not exclude liability for death or injury or other specified losses.
- for death or personal injury caused by its negligence;
- for any fraud or fraudulent misrepresentation; or
- to the extent that such liability cannot be excluded or limited under applicable law (including under any consumer guarantees which apply to you).
18.2 Exclusion of certain losses:
18.3 What Offr is not liable for.
18.4 Offr’s aggregate financial liability.
18.5 Defective digital content.
18.6 Agreement Year.
19. Suspension & Termination.
19.1 If you breach these Portal T&Cs.
19.2 Temporary Restrictions.
19.3 Consequences of Termination.
- you shall immediately pay to Offr any fees due to Offr under these Portal T&Cs or any other applicable terms at the date of termination; and
- you shall (at your cost) return (or at our option, destroy) all copies any confidential information specified by Offr which are in your possession
- the rights granted in clauses 12.2, 13.6 and 16.6 shall persist post termination.
19.4 Rights prior to termination.
20. General
20.1 Interpretation.
20.2 These Portal T&Cs may get updated.
20.3 Assignment.
20.4 No rights for third parties.
20.5 Publicity.
20.6 No waiver.
20.7 Severance.
20.8 Governing law and jurisdiction.
21. Contact Details
21.1 How we may contact you.
21.2 Offr’s contact details.
You can contact Offr using the following details:
- Email: info@offr.io
- Telephone:+353 1 223 8727
21.3 In-app chat support.
Offr Auction Terms & Conditions
1. Introduction
1.1 What we do.
1.2 Please read these Auction T&Cs carefully.
1.3 Additional T&Cs.
1.4 The purpose of these Auction T&Cs.
1.5 Parties to these Auction T&Cs.
1.6 Purchasers acting as Bidders.
1.7 Legal Documents.
2. Bidder (Pre-property Auction) Obligations
The following section applies to Bidders:
2.1 What we are not responsible for.
- taking professional advice from appropriate Professional Advisers in relation to the Property Auction, including a conveyancer (i.e. Solicitor) and, in appropriate cases, a chartered surveyor and an accountant;
- have the funds or finance available for the Auction Deposit (defined below) and eventual purchase price of the Property Lot;
- carry out usual searches and make usual enquiries of the Property Lot or engage Professional Advisers to do the same; and
- if applicable, consider with the chosen mortgage provider that the Property Lot would be deemed suitable for mortgage lending purposes.
2.2 We assume you act like a prudent Bidder.
3. Auction Deposit
The following section applies to Bidders:
3.1 Know Your Client checks.
3.2 Auction Deposit.
3.3 Registration Fee.
3.4 Refund of the Auction Deposit.
3.5 Contract for Sale.
4. Reserve Price
4.1 Minimum prices of Property Lots.
5. Property Auction Process
The following section applies to Bidders:
5.1 Carry out your own due diligence.
5.2 The proposed Property Lot may not proceed to a Property Auction.
5.3 Where to find information about the Property Lot.
- the Particulars;
- Reserve Price,
- the price at which a Property Lot is marketed for sale prior to the Property Auction, the “Guide Price”;
- Advised Minimum Value;
- booking viewings section; and
- legal documents section, in the case of the Offr Portal, the Legal Documents Vault.
The Bidder is strongly advised to review the information outlined in this clause 5.3, prior to participating in a Property Auction. However, such information is not a substitute for carrying out your own due diligence.
5.4 We may refuse any bid.
5.5 Identical bids.
5.6 Notification of the Reserve Price.
6. Successful Bidders
The following section applies to Bidders:
6.1 Requirements of the Successful Bidder.
- that you authorise the Estate Agent or its authorised representative, being an individual employed or engaged by the Estate Agent to oversee the Property Auction contracts (the “Authorised Signatory”), to execute the Contract for Sale (and/or any other required Property Auction contracts) on behalf of the Successful Bidder as agent for the Successful Bidder. Such execution will be effected electronically by using the Signature Partner unless the Successful Bidder requests to sign it manually;
- the Authorised Signatory will only have the authority granted under clause 6.1(a) and may only execute and exchange such Contracts for Sale (and/or any other required Property Auction contracts) on the day of the Property Auction, whether the Property Lot is sold at Property Auction , for the Reserve Price or more or Sold After;
- Offr may authorise the release of the Auction Deposit to the Estate Agent acting on behalf of the Vendor, to be held by the Estate Agent and/or the Vendor’s Solicitor as agent and not as stakeholder, and in accordance with the Contract for Sale; and
- you will within two business days from the date of completion of the Property Auction pay the balance of the required contract deposit under the Contract for Sale, which will be 10% of the highest valid bid amount plus VAT (if applicable) of the Property Lot (the “Contract Deposit”), to the Estate Agent, who will transfer such Contract Deposit in its entirety to the Vendor’s Solicitor.
6.2 You must comply with the Contract for Sale.
7. Unsuccessful Property Lots
7.1 The Estate Agent may re-offer unsuccessful Property Lots.
7.2 Time period to exchange on re-offered Property Lots.
7.3 Sold After.
8. Vendor & Estate agent obligations
The following section applies to Vendors and Estate Agents:
8.1 Requirements of the Vendor (and/or Estate Agent) on successful completion of a Property Auction.
- [that it will use reasonable endeavours to ensure the Vendor’s Solicitor uploads the Legal Pack into the Data Room if the Solicitor has not already done so;]
- not to instruct us to advertise the Property Lot for sale through the Offr Portal;
- not to negotiate any terms for the sale of the Property Lot with anyone other than the Successful Bidder or persons confirmed to be acting on their behalf;
- not to send, instruct, or allow anyone else to send any Contract for Sale of the Property Lot to anyone other than the Successful Bidder’s Solicitor;
- to give such access to the Property Lot as may be reasonably required by a surveyor or valuer appointed by the Successful Bidder; and
- to supply all documentation, information and authority to enable your Solicitor to do all work necessary to complete the sale of the Property Lot as per the closing date specified in the Contract for Sale.
8.2
9. Estate Agent Obligations
The following section applies to Estate Agents:
9.1 In relation to a Property Auction you agree:
- to always act in a professional manner and in the Vendor’s best interests;
- to act only in accordance with the Vendor’s instructions in relation to the Property Lot; and
- once the Contract Deposit has been paid by the Successful Bidder (as outlined in clause 6.1(d)), that you will transfer such Contract Deposit as soon as reasonably practicable to the Vendor’s Solicitor.
Private Treaty Terms & Conditions
1. Introduction
1.1 What we do.
1.2 Please read these Private Treaty T&Cs carefully.
1.3 Additional T&Cs.
1.4 The purpose of these Private Treaty T&Cs.
1.5 Parties to these Private Treaty T&Cs.
2. Purchaser (Pre-property Sale) Obligations
The following section applies to Purchasers:
2.1 What we are not responsible for.
- take professional advice from appropriate Professional Advisers in relation to the Property Sale, including a conveyancer (i.e. Solicitor) and, in appropriate cases, a chartered surveyor and an accountant;
- have the funds or finance available for the Booking Deposit (defined below) and eventual purchase price of the Listed Property;
- carry out usual searches and make usual enquiries of the Listed Property or engage Professional Advisers to do the same; and
- if applicable, consider with the chosen mortgage provider that the Listed Property would be deemed suitable for mortgage lending purposes.
2.2 We assume you act like a prudent Purchaser.
3 Property Sale Process
The following section applies to Purchasers:
3.1 Carry out your own due diligence.
3.2 Where to find information about the Listed Property.
- the requested price for the Listed Property (the “Asking Price”);
- the Particulars;
- Offer submission panel;
- history of offers made on the Listed Property;
- booking viewings section; and
- legal documents section, in the case of the Offr Portal, the Data Room.
3.3 We may refuse any offer.
3.4 Contents of an offer.
- the monetary value of the offer;
- proof of your identification and address;
- Proof of Funds (as defined below); and
- Proof of Funds (as defined below); and
- if the sale of the Listed Property may be subject to a survey.
3.5 Consideration of offers.
3.6 The highest value offer may not be accepted.
4. Successful Purchasers
The following section applies to Purchasers:
4.1 Requirements of the Successful Purchaser.
4.2 Booking Deposit.
4.3 Service Fee.
4.4 Proof of Funds.
4.5 Right to re-offer the Listed Property.
4.6 The Sale Agreed Period.
4.7 Legal Pack.
4.8 Execution of the Contract for Sale.
4.9 You must comply with the Contract for Sale.
5. Vendor Obligations
The following section applies to Vendors and Estate Agents:
5.1 Requirements of the Vendor (and/or Estate Agent) on successful completion of a Property Sale.
- use reasonable endeavours to ensure the Vendor’s Solicitor uploads the Legal Pack into the Data Room if the Solicitor has not already done so;
- not instruct us to offer the Listed Property for sale through the Offr Portal;
- not negotiate any terms for the sale of the Listed Property with anyone other than the Successful Purchaser or persons confirmed to be acting on their behalf;
- not send, instruct, or allow anyone else to send any contract for sale of the Listed Property to anyone other than the Successful Purchaser’s Solicitor;
- give such access to the Listed Property as may be reasonably required by a surveyor or valuer appointed by the Successful Purchaser;
- use all reasonable endeavours to proceed to a formal exchange of the Contract for Sale; and
- supply all documentation, information and authority to enable the Successful Purchaser’s Solicitor to do all work necessary to complete the sale of the Listed Property on the closing date specified in the Contract for Sale.
6. Estate agent obligations
The following section applies to Estate Agents:
6.1 In relation to a Property Sale you agree:
- to always act in a professional manner and in the Vendor’s best interests;
- to act only in accordance with the Vendor’s instructions in relation to the Listed Property; and
- in the event the Successful Purchaser pays the Booking Deposit directly to the Estate Agent in accordance with clause 4.2, the Estate Agent must promptly inform us via the Offr Portal.
Offr Website Terms & Conditions
These terms and conditions govern your use (“you”, “your”) of the Offr website at https://offr.io/ (“Website T&Cs”).
1. Introduction
1.1 Who we are.
1.2 The following terms apply to your use.
1.3 The Offr App.
1.4 What these Website T&Cs do not govern.
1.5 Conflicts.
1.6 The terms are regularly updated.
1.7 Feedback.
1.8 Content may get updated.
2. Accessing our website
2.1 Access is free.
2.2 The Offr Website may not always be available.
2.3 You are responsible for access.
3. Reliance on information posted on our website
3.1 Do not rely on the Offr Website or any Content.
3.2
4. Intellectual Property Rights
4.1 We own or license everything on the Offr Website.
4.2 You may use limited extracts.
4.3 Do not modify Content.
4.4 Your access will be revoked if you breach these terms.
4.5 No additional rights are granted.
5. Viruses, Hacking & Other offences
5.1 Use appropriate anti-virus software.
5.2 Do not hack or misuse the Offr Website.
5.3 Hackers will be prosecuted.
6. Linking to our website
6.1 There are rules around linking to the Offr Website.
6.2 Contact us if you require additional use.
7. Links from our website
7.1 We do not endorse other websites we link to.
8. Acceptable Use
8.1 The following rules apply to your use of the Offr Website.
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect,
- for the purpose of harming or attempting to harm minors in any way;
- to bully, insult, intimidate or humiliate any person;
- [to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards outlined in clause 9 below;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or]
- to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8.2 You also agree:
- not to reproduce, duplicate, copy or re-sell any part of the Offr Website in contravention of the provisions of these Website T&Cs; and
-
not to access without authority, interfere with, damage or disrupt:
- any part of the Offr Website;
- any equipment or network on which the Offr Website is stored;
- any software used in the provision of the Offr Website; or
- any equipment or network or software owned or used by any third party.
9. Content Standards
9.1 Certain standards apply to any Content.
9.2 You must ensure any Contribution does not breach the following.
- be defamatory, offensive, hateful, deceptive, threatening, abusive or in contempt of court;
- promote sexually explicit material, violence, discrimination or any illegal activity;
- infringe any copyright, database right or trade mark of any other person;
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
- contain any advertising or promote any services or web links to other sites.
9.3 We decide if Contributions breach the Content Standards.
10 Breach of these terms of use
10.1 We may take certain action if you do not comply with these Website T&Cs.
- immediate, temporary or permanent withdrawal of your right to use the Offr Website, Offr Portal and/or any other Offr services;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; and
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
10.2 We may take further action.
11. Our responsibility of loss or damaged suffered to you
11.1 What we do not exclude liability for the following.
11.2 We are not liable for the following.
- use of, or inability to use, the Offr Website; or
- use of or reliance on any content displayed on the Offr Website.
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.