Terms of Service

1. About FYSH and These Terms

FYSH is an online property classifieds platform operated by FYSH Ltd ("FYSH", "we", "us", "our"), Registered in England & Wales. The platform is accessible at www.fysh.uk.

These Terms of Service ("Terms") govern your access to and use of the FYSH platform, including all pages, features, content, and services. They apply to all visitors, registered buyers, registered vendors, and any other users of the platform.

By accessing FYSH, creating an account, or using any feature of the platform, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the platform.

2. Definitions

• "Platform" means the FYSH website, services, and any related applications operated by us.
• "Buyer" means a registered user who uses the platform to search for and express interest in residential properties.
• "Vendor" means a registered user who uses the platform to advertise one or more residential properties for sale or let.
• "Listing" means a property advertisement submitted and published by a vendor.
• "Expression of Interest" or "EOI" means a message submitted by a buyer to a vendor through the platform in respect of a specific listing.
• "Credits" means the digital tokens purchased by vendors and used to open expressions of interest.
• "Offer Broker" means the private, structured price negotiation tool available within the Platform, enabling a vendor and a buyer to exchange price offers and counter-offers in respect of a specific listing in a recorded environment.
• "Session" means an individual Offer Broker negotiation between a specific vendor and a specific buyer in respect of a specific listing.
• "Bid Window" means the rolling seven-day activity period governing each Session, measured from the time of the most recent offer or system event recorded within that Session.
• "Content" means any text, photographs, data, or other material submitted to the platform by users.

3. Eligibility

You must be at least 18 years of age to register for and use FYSH. By creating an account, you confirm that you meet this requirement. The platform is intended for use by residents and property owners in the United Kingdom.

You may only hold one account per individual. Corporate or agency accounts are not currently supported without prior written agreement with FYSH.

4. Account Registration and Security

When you register, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must notify us immediately at [email protected] if you suspect any unauthorised access to your account. We accept no liability for losses arising from your failure to keep your credentials secure.

5. Vendor Obligations

5.1 Accuracy of listings

Vendors are solely responsible for the content of their listings. You warrant that all information provided is accurate, truthful, and not misleading, including asking price, property description, tenure, number of bedrooms, photographs, and any statements about the property's condition or history.

5.2 Lawful listings

You confirm that you are the legal owner of the property, have the owner's authority to advertise it, or are otherwise legally entitled to list it. You must not advertise a property that is subject to a sale restriction, a legal injunction, or any other encumbrance that would prevent a lawful sale.

5.3 Listing maintenance

Vendors must keep their listings current and promptly remove or update them upon sale, withdrawal from market, or any material change to the information provided. Listings that are no longer accurate or relevant may be removed by FYSH at our discretion.

5.4 One listing per property

Duplicate listings for the same property are prohibited. Vendors found to be operating multiple listings for a single property may have all duplicate listings removed without refund of credits.

6. Buyer Obligations

Buyers must submit expressions of interest only where they have a genuine interest in the property in question. Submitting expressions of interest speculatively, in bulk, or for any purpose other than expressing a genuine interest in a specific property is prohibited.

Buyers must not use contact details obtained through the platform to solicit vendors for commercial services, referrals, or any purpose unrelated to the specific property that was the subject of the expression of interest.

7. Credits and Payments

The credits system and pricing are described in full in our Credits and Refunds Policy, which forms part of these Terms and is incorporated by reference. In summary:

• Credits are purchased by vendors and used to open buyer expressions of interest.
• One credit is consumed per EOI opened, regardless of outcome.
• Credits do not expire while your account remains active.
• Credits are non-transferable between accounts.
• Refund rights are as set out in the Credits and Refunds Policy.

8. The Offer Broker Tool

8.1 What the Offer Broker is

The Offer Broker is a private, structured price negotiation tool available within the Platform. It enables a vendor and a buyer who are engaged through an open Expression of Interest to exchange price offers and counter-offers for a specific listed property in a controlled, recorded environment accessible only to the two parties and to FYSH.

8.2 Nature and legal effect

The Offer Broker is a communication and facilitation tool only. Any price offered, counter-offered, or agreed within a Session:

• does not constitute a legally binding offer or acceptance capable of forming a contract for the sale of land;
• does not create any equitable interest in the property in question;
• has no legal effect until formal contracts are exchanged between the parties through their respective solicitors or licensed conveyancers in accordance with the Law of Property Act 1925 and the Law of Property (Miscellaneous Provisions) Act 1989.

Both parties must seek independent legal advice before treating any agreed price as binding. FYSH expressly disclaims all responsibility for any reliance placed on offers, counter-offers, or agreed prices communicated through the tool.

8.3 Session initiation and access

A Session may only be initiated by the vendor, and only in respect of an Expression of Interest that the vendor has opened by spending a Credit. The buyer must accept the vendor's invitation before the Session becomes active. A Session relates to a single listing and a single buyer. Session access is restricted to the two parties to that Session; it is not visible to other users of the Platform.

8.4 Alternating offer structure

Offers within a Session are submitted in strict alternation. The buyer must submit the opening offer. The vendor then responds, and the parties alternate until an offer is accepted, the Session expires, or either party withdraws or marks the Session inconclusive. Neither party may submit two consecutive offers. An offer must be expressed as a numerical price in pounds sterling. Conditions or clarification notes may optionally be attached.

8.5 One active Session per buyer

A buyer may only be party to one active or paused Session at any time. A buyer who is party to an existing active or paused Session in respect of one property may not submit offers in any other Session until that existing Session is concluded, withdrawn, expired, or otherwise closed. This restriction is enforced automatically by the Platform.

8.6 Session window and expiry

Each Session is governed by a rolling seven-day Bid Window, measured from the time of the most recent offer or system event recorded in that Session. If no offer or action is recorded within the Bid Window, the Session will be automatically closed as expired. An expired Session cannot be reopened. No Credit refund is issued in respect of a Session that expires without agreement.

8.7 Pausing and resuming a Session

Either party may pause an active Session for a period of between one (1) and twenty-four (24) hours. A pause may not extend beyond the time remaining in the current Bid Window. On resumption — whether triggered manually by either party or automatically on expiry of the pause period — the Bid Window is extended by the actual duration of the pause, preserving the remaining negotiation time. Neither party may use the pause function repeatedly or in a manner intended to frustrate or delay the other party.

8.8 Withdrawing from a Session

Either party may withdraw from an active or invited Session at any time. Withdrawal closes the Session permanently and cannot be reversed. The withdrawing party's action is recorded in the Session audit trail. No Credit refund is issued to a vendor whose Session is withdrawn, whether by the vendor or the buyer.

8.9 Inconclusive Sessions

Where either party determines that a negotiation cannot proceed, they may mark the Session as inconclusive. This closes the Session without agreement and records the outcome in the audit trail. An inconclusive Session cannot be reopened.

8.10 Acceptance, conclusion, and audit trail

Where a party accepts the other party's last offer, the Session moves to an accepted state recording the agreed price. The vendor may then conclude the Session. Conclusion permanently locks the Session record and preserves a complete, immutable audit trail of all offers, counter-offers, conditions, flags, and system events. The audit trail is accessible to both parties and to FYSH. Conclusion of a Session does not constitute exchange of contracts, completion of sale, or any legally binding agreement.

8.11 Good faith obligation

Both parties must use the Offer Broker honestly and in good faith. The following conduct is prohibited and may result in suspension of access to the tool or termination of your account:

• submitting offers with no genuine intention to proceed to purchase or sale;
• using the tool to make unreasonable, harassing, or vexatious demands;
• repeatedly pausing Sessions with the purpose of delaying or obstructing the other party;
• using price or negotiation information obtained through the tool for any purpose unrelated to the transaction in question.

8.12 FYSH's role and liability

FYSH is not a party to any Session. We do not provide advice on pricing, valuation, negotiation strategy, or the merits of any offer. We do not endorse, validate, or guarantee any price offered or agreed. To the fullest extent permitted by law, FYSH is not liable for any loss, cost, or damage arising from: a failure to reach agreement; reliance on any price communicated through the tool; a Session expiring, being withdrawn, or otherwise closing without agreement; or technical unavailability of the Offer Broker.

9. Prohibited Conduct

You must not use the FYSH platform to:

• Submit false, misleading, fraudulent, or speculative listings or expressions of interest.
• Impersonate any person, company, or authority.
• Harvest contact information or data from the platform for any commercial or non-commercial purpose outside of normal property enquiry.
• Upload or transmit viruses, malware, or any other harmful code.
• Attempt to gain unauthorised access to any part of the platform or any other system.
• Engage in any form of money laundering, fraud, or financial crime in connection with a property transaction.
• Scrape, crawl, or systematically extract platform data by automated means without prior written permission.
• Post content that is unlawful, discriminatory, harassing, obscene, or otherwise objectionable.
• Use the platform in any manner that violates applicable UK law or regulation.

Breach of this section may result in immediate suspension or termination of your account, and we reserve the right to report suspected criminal conduct to the appropriate authorities.

10. User Content and Intellectual Property

9.1 Your content

You retain ownership of any content you submit to FYSH. By submitting content to the platform, you grant FYSH a non-exclusive, royalty-free, worldwide licence to display, reproduce, and distribute that content for the purpose of operating the platform and providing the services described in these Terms. This licence ends when your content is removed from the platform.

9.2 FYSH intellectual property

All intellectual property rights in the FYSH platform, including its design, software, branding, and original content, are owned by or licensed to FYSH. Nothing in these Terms grants you any right to use our intellectual property beyond what is reasonably necessary to use the platform as a user.

9.3 Photographs

By uploading photographs to a listing, you warrant that you own or have appropriate rights in those photographs, and that their publication on FYSH does not infringe any third-party rights. FYSH may remove photographs that appear to infringe third-party rights without notice.

11. Platform Availability

We endeavour to keep FYSH available continuously, but we do not guarantee uninterrupted access. The platform may be unavailable or restricted during maintenance, upgrades, or due to technical failures. We accept no liability for any loss or inconvenience caused by temporary unavailability.

12. Limitation of Liability

FYSH is a platform intermediary. We are not a party to any property transaction conducted through or facilitated by the platform. We accept no liability for any loss arising from:

• The accuracy or completeness of any listing or expression of interest.
• The conduct of any buyer, vendor, or other user.
• The outcome of any property transaction, including failure to complete.
• Any loss of profit, revenue, data, goodwill, or opportunity, whether direct or indirect.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

To the extent permitted by law, our total aggregate liability to you in connection with your use of FYSH shall not exceed the total amount you have paid to FYSH in the twelve months preceding the event giving rise to the claim.

13. Termination

13.1 Your right to close your account

You may close your account at any time from your account settings. Upon closure, your listings and profile will be removed from public view. Any unused credits remaining at the point of closure may be eligible for refund under the Credits and Refunds Policy.

13.2 Our right to suspend or terminate

We reserve the right to suspend or terminate your account, without notice and without refund of unused credits, if we reasonably determine that you have materially breached these Terms, engaged in fraudulent or harmful conduct, or where termination is required by law. We will notify you of termination unless prohibited from doing so by law.

13.3 Effect of termination

On termination, your right to access the platform ceases immediately. Clauses that by their nature should survive termination (including intellectual property, limitation of liability, and governing law) will continue to apply.

14. Changes to These Terms

We may update these Terms from time to time. Where changes are material, we will provide at least 14 days' notice by email to your registered address before the new terms take effect. Continued use of the platform after the effective date of updated Terms constitutes acceptance. If you do not accept the updated Terms, you must close your account before the effective date.

15. Governing Law and Disputes

These Terms are governed by the laws of England and Wales. Any disputes arising in connection with these Terms or your use of FYSH shall be subject to the exclusive jurisdiction of the courts of England and Wales, except that nothing in this clause limits your statutory rights as a consumer.

If you have a complaint, please contact us in the first instance at [email protected]. We will endeavour to resolve all complaints promptly and in good faith.

16. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and Credits and Refunds Policy, constitute the entire agreement between you and FYSH in relation to your use of the platform and supersede all prior representations, agreements, or understandings.