These Terms apply to:
By accessing and using the Homesearch Website You agree to be bound by these Terms.
These Terms together with the online registration form (Form) as completed by You and the terms relating to Charges and any Free Trial Period shown on the Homesearch Website comprise the entire agreement between You and Homesearch in respect of the Services and the use of the Homesearch Website (Agreement).
Homesearch reserves the right:
Homesearch will give You notice of any material changes to these Terms by email to the address provided by you on the Form. You may terminate the Agreement within 14 of the date of date of such email, in the manner stated in the email. If You do not terminate the Agreement within 14 days of the date of such email notification the revised and amended Terms will apply to the Agreement on the expiry of such notification period.
If You have created a Subscription, the previous terms will continue to apply for the remaining term of your Subscription. If you decide to terminate as above on being notified on any change of terms, your termination will take effect on the expiry of your subscription.
These Terms may not be released discharged supplemented interpreted varied or modified in any manner save by agreement between the parties.
You may access the Homesearch Website by registering with Homesearch either after browsing to the Homesearch Website or by accepting an invitation sent to you by an existing Homesearch user.
On completion of the Form and after providing such information as Homesearch may reasonably require and acceptance by Homesearch, You will then have access to the Homesearch Website and the Services, as stated on the Form within the Terms of the Agreement.
You will keep Your username and password for the Homesearch Website safe and confidential and will not permit any third party to use it in any manner. You will be solely responsible for all use of the Services and for all access to the Homesearch Website affected by use of Your username and password.
If You think that someone else may know Your username or password or has used them without Your permission You must notify Homesearch immediately. Homesearch may change Your password, if it has reason to think that there is likely to be a breach of security or misuse of the Services; it will notify You as soon as practically possible.
Your username and password are for use by one person and on only one computer at any given time. If You are logged in on one system and attempt to log-in from another, You will be logged out. Homesearch may lock Your account for a security check in any suspicious circumstance.
You will specify on the Form the Services and access to the Homesearch Website which is required by You.
You warrant and represent that all information supplied by You on the Form is true, complete and accurate (Customer Information). You will notify Homesearch immediately of any change in any the Customer Information.
Homesearch may provide a free trial period to You (Free Trial Period), during which You will be able to access the Homesearch Website and use the Services, subject to these Terms and the Agreement.
During and after any such Free Trial Period Homesearch will inform You of the charges to apply to any continued access to the Homesearch Website and the Services; You may continue to access the Services and use the Homesearch Website by completing and submitting to Homesearch a new Form, and on completion of such further Form and acceptance by Homesearch, as communicated to You by email, You will have access to the Homesearch Website and the Services, as stated on the Form on these Terms and the Agreement.
If you wish to change your use of the Services (for example by changing the charges which apply to Your use or by accepting any offer from Homesearch of a Subscription or fixed period of use) You should submit a new Form and on completion of such further Form and acceptance by Homesearch, as communicated to You by email, You will have access to the Homesearch Website and the Services, [as stated on the Form] on these Terms and the Agreement.
The terms relating to Charges and Subscriptions are as set out on the Charges page on the Website, which is expressly incorporated into these Terms.
You will pay the use and access charges as specified on the Form submitted by You and accepted by Homesearch (Charges) in the manner and at the times specified on the Form.
If your Order includes a Subscription then, subject to these terms, Homesearch hereby grants to You a non-exclusive, non-transferable right to allow those users authorised by you in accordance with this agreement to access the Services during the agreed subscription period (“Subscription Period”) solely for your internal business purposes.
Homesearch may offer differing levels of subscription with access to different levels of functionality or services, accordingly access to certain features may be restricted or limited, depending on your subscription type.
Homesearch reserves the right to add or remove services and functionality from any subscription type or to add or remove subscription types.
The terms does not permit the use of the Services to supply services to any customer, client or third party save as specifically agreed in writing (subject to such conditions as may be specified).
The number of users authorised to access the Services will be as agreed by Homesearch in your Form or otherwise in writing.
Your Subscription shall, unless otherwise terminated as provided in these terms, commence on the date specified in the Form and shall continue for the minimum subscription term as specified in the Form (“Initial Subscription Term”) and, thereafter the Agreement shall be automatically renewed for successive periods equal in length to the Initial Subscription Term (each a “Renewal Period”), unless either party notifies the other party of termination, in writing, at least 30 days before the end of the Initial Subscription Term or any Renewal Period, in which case the Agreement shall terminate upon the expiry of the applicable Initial Subscription Term or Renewal Period.
Homesearch will be entitled to increase its Charges when your subscription expires by giving you not less than 30 days prior notice expiring on the date of your subscription expiry provided that you will be entitled to terminate the Agreement by giving not less than 14 days’ notice expiring before the relevant Renewal Date without further liability.
Homesearch reserves the right to charge You interest in respect of the late payment of any sum due under this agreement (after as well as before judgment) at the rate of 4 per cent per annum above the base rate from time to time of the Bank of England from the due date therefore until payment
In the event that payment of any Fees due is outstanding at any time Homesearch will be entitled to suspend your access to the Services immediately.
VAT shall be payable in addition to the Charges, as set out on the Form. You will be invoiced for the Charges on the Homesearch Website and subscription holders may access their invoices via the Homesearch Website.
In the event of non-payment or late payment of any Charges, Homesearch may, in its sole discretion, by notice to You (by email to the address for notice provided on the Form):
If any of the Charges remain outstanding (in full or in part) for a period of over 30 days from the due date for payment Homesearch may:
Homesearch uses a third party provider to process any purchase that You make on the Homesearch Website and the payment of all Charges and all details of your payment history and manner of payment are stored by the third party provider, not by Homesearch. The padlock symbol on Your browser shows which pages are covered by this security system.
Any personal details which You enter in connection with the Charges on the third party provider site will be subject to the data protection policies of that third party provider and the third party provider will be the data controller of such personal data.
You may terminate Your access to the Homesearch Website and use of the Services by notice to Homesearch, provided that:
Homesearch may terminate Your access to the Homesearch Website and use of the Services at any time and may terminate the Agreement;
The Homesearch Website
The Services and Your access to the Homesearch Website are provided to You without any guarantees or warranties. Whilst Homesearch will endeavour to ensure that the content of the Homesearch Website (“Homesearch Content”) is correct it is not responsible in any manner for such Homesearch Content.
Homesearch Content we provide to you or publish are intended for information only. Homesearch Content is not intended to form the sole basis of any given technical, business or commercial decisions (together referred to as a “Business Decision”).
Any Business Decisions made by You once you have received, read or reviewed Homesearch Content are commercial decisions for You and Homesearch will not make, or be deemed to make, any technical, business, commercial or investment decisions on your behalf.
You are strongly advised to take into account, when making any Business Decision, to take into account any information and advice other than Homesearch Content which you are, or should be aware.
Homesearch Content should not be regarded as or relied upon as being comprehensive opinions concerning the matters discussed.
Homesearch does not guarantee or represent that any information, content, advertisements or any other website which You may access through the Homesearch Website are accurate or reliable or that it meets Your requirements.
You acknowledge that where You request information about a property or area, You have read and accept the acknowledgements and disclaimers relevant to that property or area, as stated on the Homesearch Website and that such acknowledgements and disclaimers will apply as part of these Terms.
You will not use the Homesearch Website in any manner or for any purpose which is unlawful or in any manner which violates any rights of Homesearch, its licensors and/or suppliers.
All data, information, text, material, graphics, software, emails, source code and advertisements on the Homesearch Website, including the form and structure of the Homesearch Website and all intellectual property rights in the any applicable content, software, data and materials are owned and/or controlled by Homesearch, its suppliers and/or licensors unless expressly indicated otherwise on the Homesearch Website.
Homesearch does not pre-screen the Homesearch Content. Homesearch shall have the right (but not the obligation) in its sole discretion to move or edit any Homesearch Content.
Homesearch Content and Website Data shall be licensed to You for your internal use only in connection with the Services and no Homesearch Content or Website Data may be published, distributed or used for any without our prior consent written consent.
Homesearch Content and Website Data may refer to and incorporate third party material. Where Homesearch uses such material we will ensure that we have a right to use such material. Homesearch’s right to use such material may arise as a result of specific permissions, fair dealing or fair use exemptions or operation of law or the use may fall outside of the scope of copyright, trademark or other protection.
You agree to notify us immediately in the event that any infringement or unlawful use of any third party material is alleged by any third party in connection with Homesearch Content or Website Data.
The Homesearch Content and Website Data is protected by United Kingdom and international copyright and trademark laws. You will not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Content in any manner, save only as expressly permitted in Your use of the Services or otherwise do anything that might reasonably be anticipated to infringe, damage or challenge any intellectual property rights existing in the Content.
You are not granted any licence or right to use any Content, save only for the limited license as required for You to use of the Services under these Terms.
The Services and Your access to the Homesearch Website is provided by Homesearch for your exclusive use for your internal business requirements and You will not use it for any other purpose.
You may undertake searches on the Homesearch Website (where you request information about a property, building or an area (being a postcode district or sector, street)) which will provide you with data and information, in response to Your request (Website Data).
Depending on your level of access to the Homesearch Website, you may have unlimited searches. Unlimited searches are subject to the Homesearch Website Fair and Acceptable Usage Policy of a maximum of 250 searches per 24 hour period. If You exceed this limit, You will be unable to undertake another search until 24 hours after the time of the last search made within acceptable usage.
You will use the Website Data only for your internal business requirements. You will not supply the Website Data to any third party, whether alone or as part of any other information or data which you may supply. You will not access the Homesearch Website or use the Services for any third party or permit any third party to use your access to the Services. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of the Website Data in any manner.
If You download any Website Data using the functionality available on the Homesearch Website, it is at Your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from any such download.
You will not use the Homesearch Website in any manner or for any purpose which is unlawful or in any manner which breaches any applicable law or violates any rights of Homesearch, its licensors and/or suppliers.
You must not:
Homesearch expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and any term as to the provision of Services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right, in connection with the Homesearch Website and or Your use of the Services.
Homesearch shall not be liable in any manner, for any defect in the Homesearch Website, the Homesearch Content or any Website Data, or for Your inability to access the Homesearch Website or to use the Services, for whatever reason.
In no event shall Homesearch be liable for (i) any special, indirect, incidental or consequential damages, or (ii) any loss of profits, loss of revenues, loss of opportunities, loss of data, loss of use, damages or cost of procurement of substitute goods or services, in connection with the Agreement or Your use of or access to the Homesearch Website or the Services, even if Homesearch has been advised of the possibility of such damages.
Homesearch does not accept any responsibility or liability for:
Homesearch’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Agreement shall be limited to the amount paid or payable by You for the given Services.
Homesearch will not be liable to You under any circumstances in the event that the performance of our obligations under the Agreement is prevented or delayed by any act or omission of you, your agents, your sub-contractors or your employees.
Homesearch excludes and limits its liability to You and to third parties (whether in contract, tort or otherwise) arising from or in connection with this Agreement, the Homesearch Website and or the Services, to the maximum extent to which any loss or liability may be excluded or limited by applicable law provided that nothing contained in these Terms shall exclude or limit, or purport or be deemed to exclude, any liability of Homesearch which may not be excluded or limited by applicable law.
Homesearch does not make any representations or warranties that the use of the Homesearch Website will be uninterrupted or error free or that the Content or Website Data will be accurate, complete and/or up to date (including without limitation any Website Date created through the use of algorithms).
Please see the FAQ page on the Homesearch Website, for any queries concerning Your use of the Services.
Homesearch does not provide service or support in Your use of the Services, but You can use the www.homesearch.co.uk/contact on the Homesearch Website, to report any problem which You may have in Your use of the Services.
“Data Protection Legislation” includes the General Data Protection Regulation (EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation relating to data protection and privacy, as amended or updated from time to time, in the UK, as well as any successor legislation to the GDPR and Data Protection Act 2018. “Personal Data” means any personally identifiable information relating to any individual.
All notifications and notices by Homesearch to You will be sent by email to the email address supplied by You on the Form.
By agreeing to these Terms, You agree to receive emails regarding the Homesearch Website itself, and any new data or features available. You may unsubscribe from these and any emails received from Homesearch at any time by either clicking unsubscribe in the email itself, or updating your subscription preferences in your User Settings
All notifications and notices by You to Homesearch should be sent to hello@Homesearch.co.uk and should state in the header ‘Notice under Contract with [your Customer Details]
Any notification or notice sent by You to any other email address or to www.homesearch.co.uk/contact shall not be a valid notice under these Terms.
You may not transfer, assign or subcontract this Agreement or Your right to use the Services, without the prior consent of Homesearch.
No delay in enforcing or waiver by Homesearch of any provision of this Agreement will be deemed a waiver of the rights of Homesearch in any manner.
If You are resident in Northern Ireland, this Agreement shall be governed by and interpreted under the Laws of Northern Ireland.
If You are resident in Scotland, this Agreement shall be governed by and interpreted under the Laws of Scotland.
In all other circumstances, this Agreement shall be governed by and interpreted under the Laws of England and Wales.