Backgrounds

This agreement applies as between you, the User of this Web Site and Zest Property Services Ltd, the owner(s) of this Web Site.

Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Zest Property Services Ltd” trading as Zest Property Services Ltd of 1a, Mile End, London Road, Bath, Bath and North East Somerset. BA1 6PT (Registered in England, Co Registration No: 06714328);

“Service” means collectively any online facilities, tools, services or information that Zest Property Services Ltd makes available through the Web Site either now or in the future;

“Services” means the services available to you through this Web Site, specifically residential property lettings and management;

“Payment Information” means any details required for the purchase of Services from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information” means collectively any orders, invoices, and receipts or similar that may be in hard copy or electronic form;

“Premises” Means our place(s) of business located at 1a Mile End, London Road, Bath, Bath and North East Somerset, BA1 6PT;

“System” means any online communications infrastructure that Zest Property Services Ltd makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the Web Site and is not employed by Zest Property Services Ltd and acting in the course of their employment; and

“Web Site” means the website that you are currently using (www.ewemove.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Age Restrictions

Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Intellectual Property

4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Zest Property Services Ltd, our affiliates or other relevant third parties.

By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Zest Property Services Ltd.

5. Third Party Intellectual Property

5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Zest Property Services Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.ewemove.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Zest Property Services Ltd.

To find out more please contact us by email at happytohelp@zestlovesproperty.com or by writing to Zest Property Services Ltd, 1a Mile End, London Road, Bath, Somerset, BA1 6PT.

9. Use of Communications Facilities

9.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

9.1.1 You must not use obscene or vulgar language;

9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

9.1.3 You must not submit Content that is intended to promote or incite violence;

9.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

9.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;

9.1.6 You must not impersonate other people, particularly employees and representatives of Zest Property Services Ltd or our affiliates; and

9.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

9.2 You acknowledge that Zest Property Services Ltd reserves the right to monitor any and all communications made to us and to contact users in relation to the service and for any related marketing purpose

10. Accounts

10.1 In order to procure Services on this Web Site and to use the forum facilities you are required to create an Account, which will contain certain personal details, and Payment Information, which may vary, based upon your use of the Web Site as we may not require payment information until you wish to make a purchase.

By continuing to use this Web Site you represent and warrant that:

10.1.1 all information you submit is accurate and truthful;

10.1.2 you have permission to submit Payment Information where permission may be required; and

10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.

10.2 It is recommended that you do not share your Account details, particularly your username and password. Zest Property Services Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your Internet browser.

10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Zest Property Services Ltd immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending.

Please be aware that orders or payments can only be cancelled up until provision of Services has commenced.

In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, Zest Property Services Ltd will suspend provision of Services and the withdrawal of any scheduled payments pending investigation.

Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.

10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Termination and Cancellation

11.1 Either Zest Property Services Ltd or you may terminate your Account. If Zest Property Services Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

11.2 If Zest Property Services Ltd terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

11.3 Zest Property Services Ltd reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.

11.4 If orders or payments are cancelled for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.

11.5 If you terminate your Account any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders.

12. Services, Pricing and Availability

12.1 Whilst every effort has been made to ensure that all descriptions of Services available from Zest Property Services Ltd correspond to the actual Services Zest Property Services Ltd is not responsible for any variations from these descriptions.

This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.4 for incorrect Services.

12.2 Where appropriate, you may be required to select the required property to let Services to confirm the rent payable.

12.3 Zest Property Services Ltd does not represent or warrant that such Services will be available. Availability indications are provided on the Web Site, but confirmation of acceptance of an application for tenancy Services is not provided on the Web Site.

12.4 All pricing and property rent information on the Website is correct at the time of going online. Zest Property Services Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every day.

12.5 In the event that prices are changed during the period between an order being placed for Services and Zest Property Services Ltd processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.

12.6 All prices on the Website are subject to VAT, except for payment of rent, which is VAT exempt.

13. Provision of Services, Cancellation and Refunds

13.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.

13.2 Zest Property Services Ltd shall use its best endeavours to provide the Services with reasonable skill and care.

13.3 Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.

13.4 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake.

Zest Property Services Ltd will ensure that any necessary corrections to the Services provided are made within 7 working days. You can contact us at happytohelp@zestlovesproperty.com or by writing to Zest Property Services Ltd, 1a Mile End, London Road, Bath, Somerset, BA1 6PT, or by telephone on 01225 481010.

Please state your full name, address, amount of your payment, service requested and the reason for your refund or cancellation request. There is no charge for refunds made.

13.5 Zest Property Services Ltd reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 13. Factors, which may be taken into account in the exercise of this discretion, include, but are not limited to:

13.5.1 Any use or enjoyment that you may have already derived from the Services;

13.5.2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Zest Property Services Ltd.

Such discretion to be exercised only within the confines of the law.

14. Privacy

Use of the Web Site is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference

15. Disclaimers

15.1 Zest Property Services Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

15.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site, forms and documents or any information contained therein should not be relied upon when making any decisions or taking any action of any kind.

15.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

16. Changes to the Service and these Terms and Conditions

Zest Property Services Ltd reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.

If Zest Property Services Ltd is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

17. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Zest Property Services Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

18. Limitation of Liability

18.1 To the maximum extent permitted by law, Zest Property Services Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

18.2 Nothing in these Terms and Conditions excludes or restricts Zest Property Services Ltd ‘s liability for death or personal injury resulting from any negligence or fraud on the part of Zest Property Services Ltd.

18.3 Nothing in these Terms and Conditions excludes or restricts Zest Property Services Ltd ‘s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Web Site.

18.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

19. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

20. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

21. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to happytohelp@zestlovesproperty.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

22. Law and Jurisdiction

These terms and conditions and the relationship between you and Zest Property Services Ltd shall be governed by and construed in accordance with the Law of England and Wales and Zest Property Services Ltd you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

This is the privacy notice of Zest Property Services Ltd. In this document, “we”, “our”, or “us” refer to Zest Property Services Ltd.

We are company number 06714328 registered in England.

Our registered office is at 1a Mile End, London Road, Bath, Somerset, BA1 6PT.

Introduction

1. This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.
2. We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately.
3. We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.
4. We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.
5. Our policy complies with UK law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR).
6. The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. We do this now, by requesting that you read the information provided at www.knowyourprivacyrights.org
7. Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website

The bases on which we process information about you

The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.

If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.

If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

1. Information we process because we have a contractual obligation with you

When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.

In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.

We may use it in order to:

1.1.             verify your identity for security purposes

1.2.             sell products to you

1.3.             provide you with our services

1.4.             provide you with suggestions and advice on products, services and how to obtain the most from using our website

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

2. Information we process with your consent

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including job opportunities our products and services, you provide your consent to us to process information that may be personal information.

Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.

Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.

Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.

If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by instructing us happytohelp@zestlovesproperty.com However, if you do so, you may not be able to use our website or our services further.

3. Information we process because we have a legal obligation

We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

This may include your personal information.

Specific uses of information you provide to us

4. Information provided on the understanding that it will be shared with a third party

Our website allows you to post information with a view to that information being read, copied, downloaded, or used by other people.

Examples include:

4.1.             posting a message on our blog

4.2.             sharing an image or a post

4.3.             clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks

In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it.

We do not specifically use this information except to allow it to be displayed or shared.

We do store it, and we reserve a right to use it in the future in any way we decide.

Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.

Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal information that you have posted. You can make a request by contacting us at happytohelp@zestlovesproperty.com.

5. Complaints regarding content on our website

We attempt to moderate user generated content, but we are not always able to do so as soon as that content is published.

If you complain about any of the content on our website, we shall investigate your complaint.

If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.

Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.

If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.

6. Job application and employment

If you send us information in connection with a job application, we may keep it for up to one year in case we decide to contact you at a later date.

If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six ears before destroying or deleting it.

7. Sending a message to our support team

When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our business.

We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.

8. Complaining

When we receive a complaint, we record all the information you have given to us.

We use that information to resolve your complaint.

If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

9. Affiliate and business partner information

This is information given to us by you in your capacity as an affiliate of us or as a business partner.

It allows us to recognise visitors that you have referred to us, and to credit to you commission due for such referrals. It also includes information that allows us to transfer commission to you.

The information is not used for any other purpose.

We undertake to preserve the confidentiality of the information and of the terms of our relationship.

We expect any affiliate or partner to agree to reciprocate this policy.

Use of information we collect through automated systems when you visit our website

10. Cookies

Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.

Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.

Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

Our website uses cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use.

If you choose not to use cookies or you prevent their use through your browser settings, you may not be able to use all the functionality of our website.

We use cookies in the following ways:

10.1.          to track how you use our website

10.2.          to record whether you have seen specific messages we display on our website

10.3.          to keep you signed in our site

10.4.          to record your answers to surveys and questionnaires on our site while you complete them

10.5.          to record the conversation thread during a live chat with our support team

We provide more information about the cookies we use in our cookie policy.

11. Personal identifiers from your browsing activity

Requests by your web browser to our servers for web pages and other content on our website are recorded.

We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.

We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.

If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.

12. Our use of re-marketing

Re-marketing involves placing a cookie on your computer when you browse our website in order to be able to serve to you an advert for our products or services when you visit some other website.

We may use a third party to provide us with re-marketing services from time to time. If so, then if you have consented to our use of cookies, you may see advertisements for our products and services on other websites.

Disclosure and sharing of your information

13. Information we obtain from third parties

Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use.

No such information is personally identifiable to you.

14. Third party advertising on our website

Third parties may advertise on our website. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects information about you when their advertisement is displayed on our website.

They may also use other technology such as cookies or JavaScript to personalise the content of, and to measure the performance of their adverts.

We do not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties.

15. Credit reference

To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.

16. Data may be processed outside the European Union

Our website is hosted in the UK.

We may also use outsourced services in countries outside the European Union from time to time in other aspects of our business.

Accordingly data obtained within the UK or any other country could be processed outside the European Union.

For example, some of the software our website uses may have been developed in the United States of America or in Australia.

Access to your own information

17. Access to your personal information

17.1.          At any time you may review or update personally identifiable information that we hold about you.

17.2.          To obtain a copy of any information that is not provided on our website you may send us a request at happytohelp@zestlovesproperty.com.

17.3.          After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.

18. Removal of your information

If you wish us to remove personally identifiable information from our website, you may contact us at happytohelp@zestlovesproperty.com.

This may limit the service we can provide to you.

19. Verification of your information

When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

Other matters

20. Use of site by children

20.1.          We do not sell products or provide services for purchase by children, nor do we market to children.

20.2.          If you are under 18, you may use our website only with consent from a parent or guardian

20.3.          We collect data about all users of and visitors to our website regardless of age, and we anticipate that some of those users and visitors will be children.

20.4.          Such child users and visitors will inevitably visit other parts of the site and will be subject to whatever on-site marketing they find, wherever they visit.

21. Encryption of data sent between us

We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.

Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.

22. How you can complain

22.1.          If you are not happy with our privacy policy or if you have any complaint then you should tell us by email. Our address is happytohelp@zestlovesproperty.com

22.2.          You can find further information about our complaint handling procedure further down this webpage.

22.3.          If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

22.4.          If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner’s Office. This can be done at https://ico.org.uk/concerns/

23. Retention period for personal data

Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:

23.1.          to provide you with the services you have requested;

23.2.          to comply with other law, including for the period demanded by our tax authorities;

23.3.          to support a claim or defence in court.

24. Compliance with the law

Our privacy policy has been compiled so as to comply with the law of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you.

However, ultimately it is your choice as to whether you wish to use our website.

25. Review of this privacy policy

We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.

If you have any question regarding our privacy policy, please contact us.

Everyone within the Zest team is committed to providing the best possible customer service and results for our clients but unfortunately sometimes things just don’t happen or work out the way that you would hope and expect them to.

When these situations occur, it’s really important to us that we have an avenue for you to provide feedback on your experience so that we can listen to you and understand what has happened for a number of reasons:
1. To understand and acknowledge what has happened, and apologise
2. To make amends if that’s possible and
3. Make sure the same thing cannot happen again to you or anyone else

How can you provide feedback?

When something has gone wrong, it only adds to the frustration when policies are in place to make it as hard as possible for you to complain – in the hope that you will decide that it’s easier just to say nothing. Whether you are a vendor, landlord, buyer or tenant, it’s likely that you will have made a significant investment of both time and money into your relationship with Zest, and our team care passionately about the service they provide. At Zest we have adopted a very different approach to feedback and hopefully provide a process that removes the burden from you to help you get a more personal and speedy response, as well as the resolution to your concerns. Please note that we are a member of the CMP (Client Money Protection scheme- our certificate can be viewed here CMP MemberShip Certificate) and the Property Ombudsman.

Step 1 – Speak to your appointed Zest representative

Every Zest client is appointed a designated point of contact for their time with us, and this point of contact is by far the best person to help in the first instance, as they should already have an established relationship with you and your property, so if something has gone wrong, they will want to listen and understand your frustrations, take on board your feedback and do whatever they can to put things right for you, as well as learning any lessons there may be to be learned from the situation and putting processes in place to avoid such incidences happening in the future.

Even if your dissatisfaction is with your appointed a member of the team, please do not be afraid to tell them. They will welcome your input and will want to hear your feedback. They will not ask you to put your complaint in writing at this stage, but you are welcome to do so, if that is what you would prefer to do.

We hope that this will bring the matter to a close for you. But if having received their verbal or written response, you remain dissatisfied with the outcome, then we would invite you to move on to Step 2 of our process.

Step 2 – Write to the relevant Line Manager

At this stage, we would request that you put your complaint in writing (an email is absolutely fine) and address this for the relevant line manager. In many cases, unless you prefer not to, the line manager will arrange to meet with you in person so they can hear and respond to your feedback face to face.

They will also write to you (within no more than 15 days of your correspondence advising them that you wish to formally complain), summarising their understanding of what has happened and gone wrong; providing you with their response; and summarising what actions they will be taking as a result of your feedback. If having received their written response, you feel that you would like to take your complaint further, then we would invite you to move on to Step 3 of our process.

Step 3 – Write to the Managing Director

Should it be necessary for the managing director to review your complaint, your next step should in theory be to escalate your complaint in writing to the Property Ombudsman. However, as an independent business who truly pride ourselves on our customer service, before escalating to the Ombudsman, we would like the opportunity to help from a business owner perspective. By doing so, we can hopefully remove the need for you to spend time and effort putting everything in writing to the ombudsman.

Our managing director should already be aware of your situation before you get in touch, as the relevant line manager will have sent him a copy of their written response to you from Step 2 of this process. The managing director will listen to your situation and concerns, so that he can understand exactly what has happened, and which aspects of the line manager’s written response you remain unhappy with. He will then feed this back to the line manager, and will ask them to contact and write to you again within 15 days to address your remaining concerns.

By the time the line manager has responded further with input and support from Deborah, we really do hope that this will bring the matter to a close for you.

But if that’s not the case, then the final stage is for you to formally escalate your complaint for official adjudication by the Property Ombudsman.

Step 4 – The Property Ombudsman

Unfortunately, sometimes despite our very best efforts, we may not be able resolve your complaint to your total satisfaction, and you will feel the need to escalate to the Property Ombudsman for formal independent adjudication.

In such situations, the ombudsman requires you to complete their official complaints form and send this to them with a covering letter, including full details of your complaint along with supporting documentation and copies of the written response(s) from the line manager and managing director.

You can obtain a copy of the TPO complaints form here

The address to which your complaint should be sent is:
The Property Ombudsman 43-55 Milford Street Salisbury Wiltshire SP1 2BP
Alternatively, you can send a scanned copy of the relevant documents to: admin@tpos.co.uk
In order for the ombudsman to consider your complaint, they must receive it within 12 months of the date of Zest’s final written response.

The Ombudsman will send you confirmation that they have received your letter within 15 days of receipt. They will then share your submission with Zest and ask them to provide a copy of their file, along with their detailed responses regarding all the points you have raised. Their final adjudication will be sent to you in writing once they have considered all the evidence.

You can find more information about the Property Ombudsman scheme and how they will deal with your complaint on their website at this address:
https://www.tpos.co.uk/consumers/how-to-make-a-complaint

As with all Estate Agents, Zest is subject to the Money Laundering Regulations 2017. This means that we have to obtain and hold identification and proof of address for all customers. Additionally, we are also required to establish whether there are any beneficial owners on whose behalf the transaction or activity is taking place, hence, we would request you to identify anyone who you would consider to be a beneficial owner. Where appropriate, the source or destination of funds may also be requested. Without this information we will be unable to proceed with any work on your behalf.

Below is a list of acceptable identity documents. We require sight of all original or certified documents. Subject to your individual circumstances, we may liaise with you for further/other documentation.

Individual identity documents

We require one document from List A and one document from List B.
List A – Identity Document
Current signed passport
Valid UK driving licence
EEA member state identity card

List B – Proof of Address and Proof of Ownership (two documents may be requested in the case of a landlord)

UK/EU/EEA Drivers Licence (if UK Drivers Licence not used as ID)
Must be valid, not expired. Photo only. Full or provisional.

Bank, Building Society or Credit Union Statement
Dated with the last three months. Must include account number and show recent activity. No general correspondence.

Credit Card Statement
Dated within the last three months. Must include account number and show recent activity. No general correspondence.

UK, EU, EEA Mortgage statement
Dated within the last twelve months. Must show account number. No general correspondence.

Utility Bill
Dated within the last three months E.g. Gas, electricity, water. Must show address for service and/or account number. No general correspondence.

Telephone Bill
Dated within the last six months E.g. Landline or mobile pay monthly (excluding pay as you go). Must show address for service and/or account number. No general correspondence.

Council Tax
Dated within the last twelve months. Must show address for service and/or account number. No general correspondence.

Tenancy Agreement
Dated with the last twelve months. Must state full name and full property address. Issued by local council, housing association, solicitor or reputable letting agent.

Benefits Entitlement Letter
Dated within the last twelve months. Issued by DWP or Jobcentre plus. Must confirm benefit payable at time of issue. E.g. Pension, disability, single parent, housing etc.

HMRC Tax Notification
Dated with the last six months. Must state national insurance number and tax calculation. No general correspondence.

Home or Motor Insurance Certificate
Dated within the last twelve months. Must state insured address or registered address for vehicle and policy number. No general correspondence.

UK solicitors letter confirming house purchase/land registration
Dated with the last three months. Must state full name of new proprietor and full property address.

NHS Medical Card or letter from GP confirming registration
Dated within the last three months. Must state individual’s date of birth and NHS number. No general correspondence.

Official confirmation of Electoral Register entry or official poll card
Dated within the last twelve months. Must state full name and full address. No general correspondence.

Police Registration Certificate
Dated within the last twelve months. Must state the full residential address of the individual.

Probate

If you are acting as a Representative of an Estate we require the following:
Grant of Probate (if a will was left)
Letter of administration (if no will left)

Individual identity evidence from List A for the Personal Representative, either executor or administrator.

Limited company

If you are acting as a Representative of a UK Company we will also require the following:
Certificate of Incorporation
Articles of Association
Memorandum of Association
Latest Annual Return or Confirmation Statement, with details of current company officers
If offshore, nominee director declaration and a general power of attorney
Individual identity evidence from List A and B for all individuals or entities with 25% or more of the shares or voting rights in the company

If you are acting as a Representative of an Offshore Company we will also require the following:
Certificate of Incorporation
Articles of Association, Memorandum of Association, Latest Annual Return with details of current company officers, Share Certificate(s) showing the Ultimate Beneficial Owner OR
Certificate of Incumbency
If the shares are owned by another company, repeat steps above for the holding company
Nominee director declaration and/or general Power of Attorney (if applicable)
Individual identity evidence from List A and B for all individuals or entities with 25% or more of the shares or voting rights in the company

Trust

If you are acting as a Representative of a Trust we require the following:
Trust deed
List of trustees
List of beneficiaries
Individual Identity evidence from List A B for all individuals with a vest interest in 25% or more of the capital and/or those who exercise control over the Trust