Terms & Policies

Last updated: March 2026 · Version 1.0 · Governed by English and Welsh law

1. Platform Terms of Service

These terms ("Agent Terms") govern your use of the PurchaseSecured platform ("Platform") operated by FAMCAP LIMITED ("we", "us", "PurchaseSecured"), registered in England and Wales. By registering an account you agree to be bound by these terms.

1.1 Definitions

"Agent" means any estate agency, individual, or business registered on the Platform. "Buyer" means any person entering into a Reservation Agreement via the Platform. "Seller" means the property vendor whose sale is facilitated by the Agent. "Reservation Fee" means the sum paid by the Buyer to secure a property transaction. "Platform Fee" means the commission charged by PurchaseSecured, calculated according to the Agent's service tier: 7% on the Self-Service tier, or 20% on the Managed tier, in each case capped at £6,000 per transaction. "Payment Services Provider" means Stripe Payments UK, Ltd, authorised by the Financial Conduct Authority as an Authorised Electronic Money Institution (firm reference 900461). "Verification" means confirmation of the Agent's business identity and bank account details.

1.2 Agent Account & Verification

1. Agents may register and immediately begin creating Reservation Agreements. There is no upfront fee.
2. Payouts of the Agent's share of Reservation Fees are held in PurchaseSecured's Stripe platform balance until the Agent has completed Stripe Connect onboarding and identity verification.
3. Verification requires: (a) confirmation of business type (sole trader, limited company, partnership, or LLP); (b) for limited companies, a valid Companies House registration number; (c) bank account details where the account name matches the registered business name or, for sole traders, the individual's legal name.
4. We reserve the right to reject Verification where we reasonably believe the information provided is inaccurate, fraudulent, or fails our anti-money laundering checks.
5. Until the Agent has completed Stripe Connect verification, completed Reservation Fees remain in PurchaseSecured's Stripe platform balance. Upon verification, held funds are released by Stripe Transfer to the Agent's connected account within 1 working day.
6. You must notify us within 7 days of any change to your business name, structure, or bank details.

1.3 Platform Fee & Payments

1. PurchaseSecured charges a Platform Fee of 10% of each Reservation Fee. This is deducted before payout.
2. PurchaseSecured absorbs all Stripe payment-processing fees out of the Platform Fee. The Agent receives the full Reservation Fee less only the Platform Fee.
3. Payouts are made to the bank account registered during Verification only. We do not pay to third-party accounts.
4. Where a Reservation Fee is refunded in full to the Buyer, no Platform Fee is charged.
5. Where a partial refund is issued, the Platform Fee is recalculated on the retained amount.
6. We reserve the right to adjust the Platform Fee with 30 days' written notice.

1.4 Agent Responsibilities

1. You warrant that you are a duly authorised estate agent operating lawfully in England, Wales, Scotland, or Northern Ireland.
2. You shall comply with the Estate Agents Act 1979, the Consumer Rights Act 2015, the Digital Markets, Competition and Consumers Act 2024 (DMCC Act), and all applicable regulations.
3. Where a Reservation Fee is structured as a Buyer's Premium (retained by the Agent rather than applied towards the purchase price), you must ensure this is disclosed as Material Information on all property portals (Rightmove, Zoopla, OnTheMarket) and in all marketing materials before any buyer views the property.
4. You must not create agreements for properties you are not instructed to sell.
5. You must conduct anti-money laundering checks on both buyer and seller in accordance with the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017.
6. You must not use the Platform to facilitate transactions where you know or suspect money laundering or fraud.
7. You are responsible for the accuracy of all property details, asking prices, and party information entered into the Platform.

1.5 Reservation Fee Caps

1. Standard Sale (Private Treaty): Maximum Reservation Fee is £2,000.
2. Secure Sale (Conditional Auction): Maximum Reservation Fee is £6,000. This track provides 56 days of exclusivity.
3. These caps are enforced server-side and cannot be overridden.

1.6 Refund Policy

1. Seller withdrawal: If the seller withdraws from the sale for any reason other than the buyer's default, the Reservation Fee is refunded in full to the buyer.
2. Buyer withdrawal (Standard Sale): The fee may be retained by the agent as liquidated damages, subject to the terms of the Reservation Agreement.
3. Buyer withdrawal (Secure Sale / Auction): The fee is non-refundable unless the seller fails to comply with their obligations under the auction terms.
4. Failed transaction (no fault): Where a transaction fails through no fault of either party (e.g. failed mortgage, survey issues), the refund terms stated in the specific Reservation Agreement apply.
5. All refund decisions must comply with the Consumer Rights Act 2015 and must not contain unfair contract terms.

1.7 Intellectual Property

The Platform, its design, code, content, and the PurchaseSecured brand are the intellectual property of FAMCAP LIMITED. Agents may use the PurchaseSecured name in the context of offering reservation services but may not copy, modify, or redistribute Platform materials.

1.8 Limitation of Liability

1. PurchaseSecured is a platform facilitating reservation agreements. We are not a party to the property transaction and accept no liability for the conduct of agents, buyers, or sellers.
2. Our total liability to any Agent shall not exceed the Platform Fees received from that Agent in the 12 months preceding the claim.
3. We exclude liability for indirect, consequential, or special losses to the fullest extent permitted by law.
4. Nothing in these terms excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.

1.9 Termination

1. Either party may terminate by giving 30 days' written notice.
2. We may suspend or terminate your account immediately if we reasonably believe you have breached these terms, committed fraud, or are the subject of regulatory action.
3. On termination, existing Reservation Agreements remain in force until their natural conclusion. Outstanding payouts are released subject to any holds or disputes.

1.10 Governing Law & Disputes

These terms are governed by the laws of England and Wales. Disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales. We encourage resolution through our Complaints Procedure before legal proceedings.

2. Reservation Agreement Terms & Conditions

These terms form the basis of the Reservation Agreement between the Buyer and the Seller, facilitated by the Agent through the PurchaseSecured platform.

2.1 Purpose

The Reservation Agreement secures the Buyer's intention to purchase the Property and the Seller's intention to sell the Property at the agreed terms. Payment of the Reservation Fee demonstrates the Buyer's commitment and, in return, the Seller agrees to withdraw the property from the open market for the specified period.

2.2 Standard Sale Terms (Private Treaty)

1. The Reservation Fee shall not exceed £2,000.
2. Upon payment, the property is reserved for a period of 28 days ("Reservation Period"), extendable by mutual agreement.
3. During the Reservation Period, the Seller shall not accept offers from or negotiate with any other party.
4. The Buyer shall instruct solicitors within 5 working days of payment and proceed with reasonable diligence.
5. Where the fee type is "towards purchase price", the Reservation Fee is applied as a credit against the purchase price on completion.
6. Where the fee type is "Buyer's Premium", the fee is retained by the Agent and is not deducted from the purchase price. The Buyer acknowledges this may affect their Stamp Duty Land Tax liability.

2.3 Secure Sale Terms (Conditional Auction)

1. The Reservation Fee shall not exceed £6,000.
2. Payment creates a binding obligation to complete the purchase within 56 days ("Completion Deadline"), subject to satisfactory legal title and standard property searches.
3. The Reservation Fee is non-refundable if the Buyer withdraws without valid legal cause.
4. Valid legal cause for withdrawal includes: (a) defective title that cannot be remedied; (b) failure of the property to match its material description; (c) Seller's failure to comply with their obligations.
5. The Seller is bound to complete the sale within the Completion Deadline and may not accept alternative offers during this period.

2.4 Buyer Obligations

1. Provide accurate personal information including full legal name, current address, email, and telephone number.
2. Instruct a qualified solicitor or licensed conveyancer promptly and provide their details to the Agent within 5 working days.
3. Cooperate with all reasonable requests for identification, proof of funds, and other information required by the Agent's anti-money laundering obligations.
4. Not enter into any other agreement to purchase the Property or an equivalent property through another channel while the Reservation Agreement is in force.
5. Proceed with reasonable diligence, including responding to solicitor enquiries within 5 working days of receipt.

2.5 Seller Obligations

1. Withdraw the property from the open market within 2 working days of the Reservation Fee being received.
2. Not solicit, encourage, or accept offers from any other party during the Reservation Period or Completion Deadline.
3. Instruct solicitors to respond to buyer enquiries within 5 working days.
4. Provide accurate and complete information about the property, including any known defects or issues.

2.6 Refund Conditions

1. Full refund to Buyer: Seller withdrawal; defective title; material misrepresentation of the property.
2. No refund to Buyer (Standard Sale): Buyer withdrawal without valid cause. Fee retained by Agent as liquidated damages representing a genuine pre-estimate of loss.
3. No refund to Buyer (Secure Sale): Buyer withdrawal without valid legal cause as defined in clause 2.3(4).
4. Partial refund: Where a transaction fails due to circumstances beyond both parties' control (e.g. mortgage declined, adverse survey), a 50% refund may be offered at the Agent's discretion.
5. All refund requests must be made in writing to the Agent within 14 days of the event giving rise to the refund claim.

2.7 Consumer Rights

Nothing in this Reservation Agreement affects the Buyer's statutory rights under the Consumer Rights Act 2015, including the right to challenge unfair contract terms. If any term is found to be unfair by a court or regulator, it shall be severed and the remaining terms shall continue in force.

3. Privacy Policy

This policy explains how FAMCAP LIMITED (trading as PurchaseSecured) processes personal data in compliance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

3.1 Data Controller

FAMCAP LIMITED is the data controller. Contact: privacy@purchasesecure.com.

3.2 Data We Collect

Agent data: Agency name, contact name, email, phone, office address, Propertymark/NAEA membership number, TPO membership status, business type, Companies House number, VAT number, bank account details (sort code, account number, account holder name).

Buyer data: Full name, email, phone, current address, solicitor details, IP address at point of acceptance.

Seller data: Full name, email, solicitor details (as provided by the Agent).

Transaction data: Property details, reservation fee amounts, agreement status history, payment references, transaction details, activity logs.

Technical data: IP addresses, browser type, pages visited, session identifiers.

3.3 Lawful Basis for Processing

1. Contract performance (Article 6(1)(b)): Processing Agent, Buyer, and Seller data to facilitate Reservation Agreements.
2. Legal obligation (Article 6(1)(c)): Anti-money laundering checks, tax reporting, regulatory compliance.
3. Legitimate interest (Article 6(1)(f)): Fraud prevention, platform security, service improvement, internal analytics.
4. Consent (Article 6(1)(a)): Marketing communications (opt-in only).

3.4 Data Sharing

We share personal data with: Stripe Payments UK, Ltd (payment-services provider — FCA-authorised E-Money Institution, firm ref 900461) for payment processing; Hostinger International Ltd (hosting provider); Anthropic (AI processing for platform features, where applicable); HMRC and law enforcement where required by law.

We do not sell personal data to third parties. We do not transfer data outside the UK/EEA without appropriate safeguards (e.g. Standard Contractual Clauses).

3.5 Data Retention

1. Agent account data: Retained for 6 years after account closure (tax and regulatory requirements).
2. Transaction data: Retained for 6 years after the transaction's conclusion (HMRC requirements).
3. AML records: Retained for 5 years after the end of the business relationship (MLR 2017).
4. Technical logs: Retained for 12 months.

3.6 Your Rights

Under UK GDPR you have the right to: access your data (Subject Access Request); rectification of inaccurate data; erasure ("right to be forgotten"), subject to legal retention obligations; restriction of processing; data portability; object to processing based on legitimate interest; lodge a complaint with the Information Commissioner's Office (ICO) at ico.org.uk.

To exercise any right, email privacy@purchasesecure.com. We will respond within 30 days.

3.7 Security

We implement encryption in transit (TLS 1.2+), encrypted database connections, session security with HTTPOnly and Secure cookie flags, bcrypt password hashing with cost factor 12, HMAC-SHA256 webhook signatures, and access controls limiting data visibility to authorised personnel only.

4. Cookie Policy

This policy complies with the Privacy and Electronic Communications Regulations 2003 (PECR) and is aligned with ICO guidance.

4.1 What Cookies We Use

Strictly necessary cookies: Session identifier (PHPSESSID) — required for login and security. These do not require consent under PECR.

No analytics, advertising, or third-party tracking cookies are used. PurchaseSecured does not use Google Analytics, Facebook Pixel, or any similar tracking technology.

4.2 Managing Cookies

You may disable cookies in your browser settings, but this will prevent you from logging in to the Platform.

5. Acceptable Use Policy

5.1 You Must Not

1. Create reservation agreements for properties you are not lawfully instructed to sell.
2. Enter false, misleading, or artificially inflated property details or asking prices.
3. Use the Platform to facilitate any form of money laundering, fraud, or financial crime.
4. Create agreements with the intention of extracting reservation fees without genuine intent to complete a sale.
5. Charge reservation fees in excess of the Platform's fee caps.
6. Attempt to circumvent the payment system or request buyers pay fees directly to you.
7. Access or attempt to access another Agent's data, agreements, or account.
8. Use automated tools, scrapers, or bots to access the Platform or API in a manner that degrades service for others.
9. Share API keys or account credentials with unauthorised persons.
10. Use the Platform in any way that breaches the Estate Agents Act 1979, Consumer Rights Act 2015, or DMCC Act 2024.

5.2 Consequences of Breach

Breach of this policy may result in: warning notice; temporary suspension; permanent account termination; withholding of pending payouts pending investigation; referral to the relevant regulatory body (Propertymark, TPO, Trading Standards); and/or referral to law enforcement.

6. Payment Terms

6.1 Payment Services Provider

All Reservation Fees are processed by Stripe Payments UK, Ltd, an FCA-authorised Electronic Money Institution (firm reference 900461). Funds are held in PurchaseSecured's Stripe platform balance, ring-fenced from PurchaseSecured's operational accounts, until release conditions in the Reservation Agreement are met.

6.2 Payment Method

Buyers pay using Stripe's secure payment form, which accepts UK debit and credit cards and Pay by Bank (open-banking direct debit). Pay by Bank is the default and is required for transactions of £5,000 or more, eliminating chargeback risk on larger transactions. Each transaction is assigned a unique Stripe PaymentIntent reference.

6.3 Payment Confirmation

Card payments are processed in real time. Pay by Bank payments typically clear within seconds. The Platform automatically detects confirmed payments via webhook notifications from Stripe. The property status is updated to "Reserved" upon confirmation.

6.4 Fund Distribution

1. On release, the Reservation Fee is distributed as follows: the Platform Fee (7% on Self-Service tier or 20% on Managed tier, capped at £6,000) is retained by PurchaseSecured; the remainder is transferred to the Agent's Stripe Connect account, which is automatically paid out to the Agent's verified bank account on Stripe's daily 7-day rolling payout schedule.
2. Where the fee type is "towards purchase price", the Agent's share is applied as a credit towards the buyer's completion payment, facilitated through the solicitors' undertakings.
3. Distribution occurs within 5 working days of the sale completing, provided the Agent's account is verified.

6.5 Payout Holds

1. Payouts are automatically held if the Agent has not completed Verification.
2. Payouts may be held if there is a dispute, complaint, or suspected fraud.
3. Held funds remain in PurchaseSecured's Stripe platform balance and accrue no interest for any party.
4. If the Agent has not completed Stripe Connect verification within 90 days of a Reservation Fee being received, the held fee will be automatically released to the Buyer as a full refund and the Agreement cancelled.

6.6 Disputes

Where a dispute arises regarding the distribution of a Reservation Fee, the funds remain held until the dispute is resolved through our Complaints Procedure, mediation, or court order.

7. Anti-Money Laundering Policy

7.1 Regulatory Framework

PurchaseSecured operates in compliance with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), the Proceeds of Crime Act 2002 (POCA), and the Terrorism Act 2000.

7.2 Agent Obligations

As estate agents, our Agent users are "relevant persons" under MLR 2017 and are independently responsible for conducting Customer Due Diligence (CDD) on their clients. PurchaseSecured does not perform CDD on behalf of Agents. By using the Platform, Agents confirm they have completed AML checks on both buyer and seller before creating a Reservation Agreement.

7.3 PurchaseSecured's AML Measures

1. Agent verification: Know Your Business (KYB) checks including business identity, Companies House verification, and bank account name matching.
2. Transaction monitoring: We monitor for unusual patterns including rapid creation of high-value agreements, agreements with no subsequent buyer engagement, and multiple agreements for the same property.
3. Suspicious Activity Reports (SARs): Where we have knowledge or suspicion of money laundering, we will make a disclosure to the National Crime Agency (NCA) without notifying the affected parties (in accordance with the tipping-off offence).
4. Record keeping: We retain all transaction records, agent verification documents, and AML-relevant communications for 5 years.

7.4 Source of Funds

Buyers pay via UK bank transfer from a UK-regulated bank account. This provides an inherent level of due diligence as the sending bank is required to verify the payer's identity under Payment Services Regulations 2017. Agents remain responsible for conducting source-of-funds checks appropriate to the transaction value.

8. Complaints Procedure

8.1 How to Complain

If you are unhappy with our service, please contact us at complaints@purchasesecure.com with your name, agent or buyer reference, and a clear description of your complaint.

8.2 Our Process

1. Acknowledgement: We will acknowledge your complaint within 3 working days.
2. Investigation: We will investigate and provide a substantive response within 15 working days. Where complex matters require additional time, we will notify you and provide an update every 10 working days.
3. Resolution: We will propose a resolution which may include an apology, correction of errors, financial compensation where appropriate, or changes to our processes.
4. Final response: If you are unsatisfied with our response, we will issue a final response letter within 8 weeks of your original complaint, confirming your right to escalate.

8.3 Escalation

Agents: If your agent is a member of The Property Ombudsman (TPO), you may escalate unresolved disputes to the TPO at www.tpos.co.uk or the Property Redress Scheme at www.theprs.co.uk.

Buyers: You may escalate to Trading Standards via Citizens Advice (0808 223 1133) or pursue Alternative Dispute Resolution (ADR) through the Centre for Effective Dispute Resolution (CEDR).

All parties: You retain the right to pursue claims through the courts at any time.

9. DMCC Act Compliance Statement

9.1 Background

The Digital Markets, Competition and Consumers Act 2024 (DMCC Act) introduces strengthened consumer protection requirements for property transactions, including specific obligations regarding Material Information and transparency of fees.

9.2 Our Compliance Measures

1. Material Information enforcement: Where a Reservation Fee is structured as a Buyer's Premium, the Platform requires the Agent to confirm that the fee has been listed as Material Information on all property portals before the agreement can be created. This confirmation is recorded and timestamped.
2. Fee transparency: All Reservation Fees, their type (towards purchase or Buyer's Premium), and the identity of who pays them are clearly disclosed to the Buyer before acceptance.
3. SDLT disclosure: Where applicable, Buyers are warned that Buyer's Premium fees may affect their Stamp Duty Land Tax liability and are advised to consult their solicitor.
4. No hidden charges: The Platform does not charge Buyers any fee. The Platform Fee is deducted from the Agent's share only.
5. Fee caps: Server-side enforcement of maximum Reservation Fees prevents overcharging regardless of what any Agent attempts to enter.

9.3 Reporting Non-Compliance

If you believe an Agent on our Platform is not complying with DMCC Act requirements, please report this to compliance@purchasesecure.com. We take compliance seriously and will investigate all reports within 5 working days.

© 2026 FAMCAP LIMITED trading as PurchaseSecured. All rights reserved.
Registered in England and Wales.