Terms & Conditions
About these Terms
These Terms and Conditions govern your use of the McCooke Group website and, where applicable, your dealings with McCooke Group in connection with our property, investment, sales, marketing and consultancy services.
Please read these Terms carefully.
Different terms may apply depending on the services we provide to you. Where we enter into a separate written agreement, Terms of Business, agency agreement, Statement of Work or other engagement document with you, that document will form part of our agreement with you and will take precedence over these Terms to the extent of any conflict.
1. About McCooke Group
McCooke Group Ltd is a company registered in England and Wales.
Registered office:
20–22 Wenlock Road
London
N1 7GU
United Kingdom
Email: info@mccookegroup.com
Website: mccookegroup.com
In these Terms, references to "McCooke Group", "McCooke", "we", "us" and "our" mean McCooke Group Ltd.
References to "you" and "your" mean the person or organisation using our website, making an enquiry or engaging with our services.
2. Our Business
McCooke Group operates across residential property investment, property sales and representation, and specialist property marketing and consultancy.
Our activities may include:
sourcing and presenting residential property opportunities;
introducing prospective buyers and investors to properties and developments;
marketing residential property and new developments;
acting for developers, vendors or other estate agents in connection with property sales;
handling and qualifying property enquiries;
arranging viewings and introductions;
communicating and negotiating offers where we are authorised to do so;
supporting transactions through reservation, exchange and completion;
providing property market information and investment-related property guidance;
introducing clients to third-party professional services; and
providing marketing, branding, communications, content, digital marketing, campaign and consultancy services to property businesses and other organisations.
The exact nature of our role will depend on the particular property, transaction or engagement.
3. Website Use
The information provided on our website is for general information purposes only.
You may use our website only for lawful purposes.
You must not:
misuse or interfere with the website;
attempt to gain unauthorised access to the website, our systems or data;
knowingly introduce viruses, malware or other harmful material;
use automated systems to extract substantial amounts of website content without our permission;
reproduce or commercially exploit website content without authorisation; or
use our website in a way that infringes the rights of McCooke Group or any third party.
We may change, suspend or withdraw any part of the website without notice.
We do not guarantee that the website will always be available or free from errors.
4. Property Information
Property particulars, descriptions, floorplans, photographs, computer-generated images, maps, dimensions, prices, rental estimates, yields, projected returns, service charges, ground rents, completion dates and other information displayed or supplied by us are provided in good faith.
Much of this information may be supplied to us by developers, vendors, other estate agents or third parties.
Unless we expressly confirm otherwise in writing, we do not independently survey or verify every piece of information supplied to us.
Property information is therefore intended as a guide and does not form part of an offer or contract.
Prospective purchasers should independently verify information that is material to their decision before entering into a legally binding commitment.
5. Prices and Availability
Property prices, availability, incentives and other commercial terms may change at any time and without prior notice.
A property appearing on our website or being communicated to you does not guarantee that it remains available.
Developers and vendors may:
change prices;
withdraw properties;
alter incentives;
change specifications;
amend completion dates; or
accept another offer,
subject to their legal and contractual obligations.
We do not guarantee that any particular property will remain available while you consider a purchase.
6. Property Investment Information
McCooke Group may provide information about residential property from an investment perspective, including information concerning:
purchase prices;
market conditions;
rental markets;
indicative rental values;
gross or net yields;
potential demand;
development locations;
comparable property;
historical market performance; and
other property-related factors.
Any such information is provided to assist you in considering a property opportunity. It is not a guarantee of future performance.
Property values and rental income can rise or fall. Market conditions, interest rates, taxation, financing costs, service charges, regulatory changes and other factors may affect the performance of a property investment.
Historical performance is not necessarily indicative of future performance.
You remain responsible for deciding whether a property is suitable for your personal circumstances and objectives.
7. No Financial, Mortgage, Tax or Legal Advice
Unless expressly agreed otherwise and we are legally authorised to provide the relevant service, McCooke Group does not provide:
regulated financial advice;
investment advice concerning regulated financial products;
mortgage advice;
tax advice;
legal advice;
conveyancing services; or
surveying or structural advice.
Nothing on our website, in a property presentation, email, brochure, report, conversation or other communication should be treated as a substitute for appropriate independent professional advice.
Before purchasing property, you should obtain any legal, tax, mortgage, financial, surveying or other professional advice appropriate to your circumstances.
8. Buyers and Investors
When you register with us as a prospective buyer or investor, you agree to provide information that is accurate and not misleading.
We may ask for information about:
your property requirements;
preferred locations;
budget;
investment objectives;
purchasing timescale;
funding arrangements;
mortgage position;
source of funds; and
other matters relevant to identifying suitable property opportunities or progressing a transaction.
We are not obliged to identify or introduce any particular property to you.
Registering your requirements with McCooke Group does not create an obligation for you to purchase a property or for us to provide a particular property.
Unless specifically agreed otherwise in writing, McCooke Group does not act as an exclusive buying agent for a prospective purchaser merely because that purchaser has registered with us or made an enquiry.
9. Who We Act For
For many properties promoted by McCooke Group, we may be acting for and receiving payment from:
a property developer;
a vendor;
another estate agent;
a joint agent;
an appointed sales agent; or
another property industry client or partner.
Our role will vary according to the particular instruction.
Where we are acting on behalf of a seller, developer or sales partner, prospective purchasers should understand that we may be acting in the interests of our instructing client in connection with the sale.
Where we enter into a separate agreement to act specifically for a buyer or investor, the nature of that relationship and any fees payable by the buyer will be set out separately in writing.
10. Fees and Commission on Property Transactions
Prospective buyers will be informed before becoming liable to pay any fee directly to McCooke Group.
Where no buyer fee has been separately agreed in writing, our introduction of a property to you does not by itself create an obligation for you to pay us commission.
McCooke Group may receive fees or commission from developers, vendors, estate agents, introducers or other parties in connection with a property transaction.
Where required by law or applicable professional standards, information about relevant fees, commissions, referral arrangements or other financial interests will be disclosed.
Where McCooke Group is formally instructed by a developer, vendor or other client to carry out estate agency work, the basis of our remuneration and the circumstances in which it becomes payable will be set out in separate written Terms of Business or an agency agreement.
11. Offers and Property Transactions
Any offer you make in relation to a property is subject to acceptance by the relevant vendor or developer.
Unless a legally binding contract has been entered into, an accepted offer, reservation or expression of intent may not necessarily constitute a legally binding contract for the purchase of a property.
The legal status of a reservation or other agreement will depend on its specific terms and applicable law.
McCooke Group cannot guarantee that a transaction will proceed to exchange or completion.
A transaction may fail or be delayed for reasons outside our control, including:
a party changing its position;
legal or title issues;
financing difficulties;
valuation issues;
construction or completion delays;
regulatory requirements;
due diligence requirements; or
other circumstances affecting the buyer, seller, developer or property.
12. Reservations and Reservation Payments
Some developers or vendors may require purchasers to enter into a reservation agreement or pay a reservation fee.
Where applicable, the reservation terms, payment arrangements, refund conditions and the identity of the party receiving the payment will be provided separately.
Unless expressly stated otherwise, reservation monies for a development are not held by McCooke Group.
You should carefully review the relevant reservation agreement before making a payment.
13. Anti-Money Laundering and Identity Checks
Where applicable to our activities, McCooke Group is required to comply with legislation and regulatory requirements relating to money laundering, terrorist financing, proliferation financing, sanctions and financial crime.
We may therefore require customers and other relevant persons to complete identity verification and customer due diligence checks.
This may include requesting:
photographic identification;
proof of address;
date of birth;
nationality;
information about beneficial ownership;
source of funds;
source of wealth;
evidence of funding;
corporate ownership information; and
other information or documentation reasonably required for compliance purposes.
We may use specialist third-party verification and screening providers to assist with these checks.
We may also carry out sanctions and politically exposed person screening and use information obtained from public or commercial databases.
You agree to provide reasonably requested information and documentation promptly and accurately.
We may decline to act, delay progressing a transaction, suspend services or cease acting where:
required by law;
required by a regulator or competent authority;
satisfactory due diligence cannot be completed;
information or documentation requested is not provided;
we have concerns regarding the legitimacy of a transaction or source of funds; or
continuing to act could place us in breach of our legal or regulatory obligations.
There may be circumstances in which the law prevents us from explaining why certain action has been taken or why information has been requested.
14. Introductions to Third-Party Professionals
We may introduce you to third parties including:
mortgage brokers;
solicitors and conveyancers;
tax advisers;
surveyors;
currency providers;
insurance providers;
lettings agents;
property managers;
furnishing providers; and
other professional or property-related service providers.
Unless expressly stated otherwise, these businesses are independent from McCooke Group.
An introduction does not constitute an endorsement or guarantee of the service provided.
You are responsible for deciding whether to instruct any third-party provider and for reviewing their own terms and charges.
McCooke Group may in some circumstances receive a referral fee, commission or other benefit from a third party following an introduction. Where disclosure is required, we will provide appropriate information about the arrangement.
We are not responsible for the acts, omissions, advice or services of an independent third party.
15. Developers, Vendors and Estate Agency Clients
Where a developer, vendor, estate agent or other property owner or representative appoints McCooke Group to carry out estate agency work, the appointment will be governed by separate written Terms of Business, an agency agreement, sales representation agreement or other engagement document.
That document will normally specify matters including:
the property or development covered by the instruction;
the scope of our appointment;
whether our appointment is sole, joint, multiple, sub-agency or another arrangement;
our commission or fee;
when commission or fees become payable;
VAT;
any additional charges;
the duration of the instruction;
termination provisions;
introduction and commission protection provisions where applicable; and
any additional terms relevant to the instruction.
These website Terms do not replace any statutory information or contractual terms required to be provided in connection with a formal estate agency instruction.
16. Marketing and Consultancy Services
McCooke Group also provides marketing, communications and consultancy services, primarily to businesses operating within the property and related sectors.
These services may include:
marketing strategy;
brand strategy and identity;
development marketing;
campaign planning and delivery;
content and copywriting;
digital and social media marketing;
email marketing;
communications and PR;
sales and marketing collateral;
website and landing page support;
lead generation;
reporting and analytics; and
related consultancy or creative services.
Specific services, deliverables, fees and timelines will be agreed separately in a Statement of Work, proposal, retainer agreement or other written scope.
17. Statements of Work and Marketing Projects
For marketing and consultancy engagements, a Statement of Work or equivalent written agreement may set out:
the agreed services;
deliverables;
project timetable;
client responsibilities;
fees;
payment arrangements;
included revisions;
third-party costs; and
other project-specific terms.
If there is a conflict between these Terms and an agreed Statement of Work, the Statement of Work will take precedence in relation to that engagement.
We are not required to carry out work outside the agreed scope unless we agree to do so.
Additional work may be quoted and charged separately.
18. Marketing Retainers
Where marketing or consultancy services are provided on a monthly retainer:
the scope will be agreed in writing;
fees will normally be invoiced monthly in advance;
unused capacity does not roll over unless otherwise agreed;
work outside the agreed scope may be charged separately; and
any minimum term or notice period will be stated in the relevant agreement.
We may periodically review retainer fees. Any change affecting an existing engagement will be communicated in accordance with the relevant agreement.
19. Marketing Project Fees
Project fees and payment schedules will be stated in the relevant proposal, Statement of Work or agreement.
Unless otherwise agreed:
work will not commence until any required upfront payment or deposit has been received;
invoices are payable within the payment period stated on the invoice;
additional work outside the agreed scope will be chargeable;
third-party expenditure will require approval where appropriate; and
fees are exclusive of VAT unless expressly stated otherwise.
Where work has already commenced, payments relating to work properly performed or costs already incurred may not be refundable, subject to any rights that cannot lawfully be excluded.
20. Late Payment by Business Clients
For business-to-business services, overdue invoices may result in work being suspended until payment is received.
Where applicable, we reserve the right to charge statutory interest, compensation and reasonable recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
Suspension of services because of non-payment does not waive the obligation to pay outstanding sums.
21. Client Responsibilities for Marketing Services
A marketing or consultancy client is responsible for:
providing accurate and complete information;
supplying necessary assets and materials;
obtaining appropriate internal approvals;
responding to requests and approvals within reasonable timescales;
ensuring it has the right to provide materials supplied to us;
checking factual, commercial and property information before publication; and
obtaining appropriate legal, regulatory or professional approval where required.
We are not responsible for delays caused by incomplete information, delayed approvals or matters outside our reasonable control.
22. Approvals and Publication
Marketing clients are responsible for reviewing deliverables before publication or use.
Where a client approves a deliverable for publication, we are entitled to rely on that approval.
McCooke Group will take reasonable care in producing deliverables but cannot accept responsibility for an error resulting from inaccurate information supplied by the client or an amendment requested or approved by the client.
Where content contains legal, regulatory, financial, investment or technical statements, the client remains responsible for obtaining appropriate specialist review where necessary.
23. Intellectual Property
Website content
Unless otherwise stated, all intellectual property rights in the McCooke Group website and content created by McCooke Group are owned by or licensed to McCooke Group.
You may view and use website content for personal or internal business purposes but may not reproduce, distribute, modify or commercially exploit it without our permission.
Client deliverables
Intellectual property rights relating to marketing or consultancy deliverables will be governed by the relevant Statement of Work or agreement.
Unless otherwise agreed, following receipt of all amounts due, the client will receive the agreed rights to use final deliverables for the purposes for which they were commissioned.
McCooke Group retains ownership of its pre-existing and underlying:
methodologies;
know-how;
templates;
processes;
frameworks;
systems;
concepts not selected for final use; and
working methods.
Third-party assets remain subject to the licences under which they are supplied.
24. Client Materials
Where you provide materials to McCooke Group, you confirm that:
you own them or have authority to provide them;
our authorised use of them will not infringe another person's rights; and
the information supplied is accurate to the best of your knowledge.
You remain responsible for claims arising directly from materials or instructions supplied by you where McCooke Group has used those materials or instructions as authorised.
25. Confidentiality
Where we receive confidential business or transaction information, we will take reasonable steps to protect it and will not disclose it except:
as reasonably necessary to provide our services;
to employees, contractors or professional advisers who require access;
with appropriate permission;
where information is already lawfully public;
where disclosure is required by law or regulation; or
where disclosure is reasonably required for the prevention or detection of crime.
Where a separate confidentiality agreement or engagement agreement applies, its terms will take precedence.
26. Personal Data
We process personal information in accordance with applicable data protection law and our Privacy Policy.
Our Privacy Policy explains, among other things:
what information we collect;
why we use it;
our lawful bases for processing;
when information may be shared;
our use of identity verification and anti-money laundering providers;
international transfers;
data retention; and
your data protection rights.
The Privacy Policy is available on our website.
27. Electronic Communications
You agree that we may communicate with you electronically, including by:
email;
telephone;
WhatsApp or other messaging services; and
other reasonable communication channels.
Electronic communications carry inherent security risks. You should independently verify any unexpected communication requesting a payment or providing new bank details.
McCooke Group will not be responsible for a payment made to a fraudulent account where a person has failed to take reasonable precautions after receiving suspicious or altered payment instructions.
If you are unsure about payment instructions, contact us using independently verified contact details before making payment.
28. Marketing Communications
Where permitted by law, we may send information concerning:
selected property opportunities;
new developments;
investment opportunities;
market updates;
events;
McCooke Group services; and
related news and insights.
You can unsubscribe from marketing communications at any time.
Our use of personal information for direct marketing is further explained in our Privacy Policy.
29. Complaints
We aim to provide a professional standard of service.
If you have a complaint, please contact us in the first instance at:
Please provide sufficient information for us to understand and investigate the matter.
Where a complaint relates to estate agency services and an applicable approved redress scheme or other complaints procedure is available, we will provide information about the relevant procedure and any right to refer an unresolved complaint externally.
Nothing in these Terms affects any statutory right you may have to make a complaint to a regulator, redress scheme or other competent body.
30. Consumer Rights
Nothing in these Terms excludes or restricts rights that cannot lawfully be excluded under UK consumer law.
Where we enter into a contract directly with an individual acting wholly or mainly outside their trade, business, craft or profession, that individual may be a consumer and additional statutory rights may apply.
Where applicable, any required information concerning cancellation rights, service commencement, fees and other consumer rights will be provided before a consumer becomes contractually bound.
If there is any inconsistency between these Terms and a statutory consumer right that cannot lawfully be excluded, the statutory right will prevail.
31. Cancellation Rights for Consumer Service Contracts
Where a consumer enters into a qualifying service contract with McCooke Group online, by telephone or away from our business premises, the consumer may have a statutory right to cancel the contract within 14 days without giving a reason.
Where that right applies, we will provide the required cancellation information.
If you expressly ask us to begin providing a paid service during the cancellation period and subsequently exercise a valid right to cancel, you may be required to pay a proportionate amount for services provided up to the point of cancellation where the law permits.
If a service has been fully performed during the cancellation period following your express request and the legally required acknowledgement has been obtained, the cancellation right may cease.
This clause does not create a cancellation right where the law does not provide one.
32. Our Standard of Service
We will provide services with reasonable care and skill.
However, we do not warrant or guarantee:
that a property transaction will proceed;
that a property will increase in value;
that a particular rental income or yield will be achieved;
that a property will remain continuously let;
that financing will be available;
that a development will complete on an estimated date;
that a marketing campaign will achieve a specific result;
that leads will result in transactions; or
any particular commercial outcome unless expressly guaranteed by us in writing.
33. Limitation of Liability
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; or
any other liability that cannot lawfully be excluded or restricted.
If you are a consumer, we are responsible for losses that are a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill, subject to applicable law.
We are not responsible for losses that are not foreseeable or that arise from your use of our services for business purposes where you are acting as a consumer.
Where services are supplied to a business, and subject to liabilities that cannot lawfully be excluded:
we will not be liable for indirect or consequential loss;
we will not be liable for loss of profit, revenue, business, anticipated savings, goodwill or opportunity; and
our aggregate liability arising from a particular marketing or consultancy engagement will not exceed the total fees paid or payable to us under that engagement during the 12 months preceding the event giving rise to the claim, unless a different limitation is stated in the relevant agreement.
McCooke Group is not responsible for losses arising from the acts or omissions of independent third parties, including developers, vendors, solicitors, mortgage brokers, surveyors, property managers or other professional advisers.
Nothing in this clause limits rights or remedies that cannot lawfully be limited.
34. Events Outside Our Control
We are not responsible for delay or failure to perform an obligation where this results from circumstances outside our reasonable control.
These may include:
failure of utilities or telecommunications;
internet or technology outages;
cyber incidents outside our reasonable control;
industrial disputes;
extreme weather;
natural disasters;
public health emergencies;
government action;
war, terrorism or civil disturbance; or
failure or delay by a third party on whom performance reasonably depends.
We will take reasonable steps to minimise the effect of such circumstances where possible.
35. Ending an Engagement
Termination rights relating to a specific estate agency, marketing, consultancy or other paid engagement will normally be set out in the relevant agreement.
We may suspend or cease acting where reasonably necessary, including where:
invoices remain unpaid;
you materially breach an agreement with us;
required AML or identity checks cannot be completed;
continuing to act could breach a legal or regulatory obligation;
you request that we act unlawfully or improperly;
a conflict of interest arises that cannot appropriately be managed; or
another legitimate reason under the relevant engagement agreement applies.
Any accrued rights and payment obligations existing at termination will continue.
36. Third-Party Websites
Our website and communications may contain links to websites operated by third parties.
Links are provided for convenience and information only.
We do not control third-party websites and are not responsible for their content, availability, security, privacy practices or services.
37. Changes to these Terms
We may update these Terms from time to time to reflect changes to:
our services;
our business;
legal or regulatory requirements; or
the operation of our website.
The current version will be published on our website with an updated revision date.
Changes to these website Terms will not retrospectively alter the material commercial terms of an existing signed agreement unless that agreement permits such a change or the parties agree otherwise.
38. General
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in effect.
A failure or delay by us in exercising a right does not waive that right.
Nothing in these Terms creates a partnership, joint venture or employment relationship between you and McCooke Group.
No person who is not a party to an applicable contract has a right to enforce it under the Contracts (Rights of Third Parties) Act 1999 unless expressly stated otherwise.
39. Governing Law
These Terms and any dispute or claim arising from them are governed by the law of England and Wales, subject to any mandatory legal rights applicable to consumers.
If you are acting in the course of a business, the courts of England and Wales will have exclusive jurisdiction over disputes arising in connection with these Terms or our services.
If you are a consumer, you may have additional rights concerning where legal proceedings may be brought.
40. Contact
For questions about these Terms or McCooke Group's services, please contact:
McCooke Group Ltd
20–22 Wenlock Road
London
N1 7GU
United Kingdom
Email: info@mccookegroup.com
Website: mccookegroup.com