Homesearch Digital Limited Website User Agreement


The Agreement

These Terms apply to:

  • the provision of web based property data and information services (Services)
  • to any person or entity (Customer / You)
  • by Homesearch Digital Limited, (company number 11719538 whose registered office is at 7-10 Chandos Street, London, United Kingdom, W1G 9DQ) (Homesearch),
  • through the website located at www.homesearch.co.uk (Homesearch Website).

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).

Changes to the Terms

Homesearch reserves the right:

  • to change these Terms;
  • to withdraw or change the Homesearch Website and/or the Services (including content, format, design, scope, etc) at any time.

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 [x days] of the date of date of such email, in the manner stated in the email]. If You do not terminate the Agreement within x 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.].

Access to the Homesearch Website

You will be given an invitation code to access the Homesearch Website.

By using that invitation code, You will be able to access the Homesearch Website and complete the Form, which will include verification of Your email address.

On completion of the Form 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.

Username and Password

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.

The Form

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.

Charges and Subscription

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.

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 can access invoices via Your user name and password.

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):

  • suspend your access to the Homesearch Website and Services on notice to you;
  • terminate this Agreement if any of the Charges remain outstanding (in full or in part) after 7 days’ notice requiring payment.

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:

  • charge You for its reasonable third party costs and expenses incurred in the collection of overdue Charges; and/or
  • charge interest on the overdue amount at a rate of 2% above the Barclays Bank Overdraft Business Rate in respect of the period from the due date for payment until the date the outstanding amount is actually paid.

Third party provider

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.

Termination

You may terminate Your access to the Homesearch Website and use of the Services by notice to Homesearch, provided that:

  • if You have agreed a minimum contract term in the Form, the Agreement will continue (and You will continue to pay the Charges) for the remainder of such minimum contract term;
  • if You have agreed to a Subscription You will not be refunded for any time or Services still remaining on your Subscription.

Homesearch may terminate Your access to the Homesearch Website and use of the Services at any time and may terminate the Agreement;

  • if You are in breach of any Terms;
  • if Homesearch considers that Your continued access to the Homesearch Website may prejudice the security of the Homesearch Website or otherwise affect the use of the Homesearch Website by other Customers;
  • if Homesearch considers that Your continued access to the Homesearch Website  will or may cause Homesearch to be in breach of any licence or supply agreement to which Homesearch is a party, in connection with the Homesearch Website or the supply of the Services.

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 is correct it is not responsible in any manner for such content.

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.

Content of the Homesearch Website

All data, information, text, material, graphics, software, emails, source code and advertisements on the Homesearch Website (Content) and all intellectual property rights in the Content 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 Content.  Homesearch shall have the right (but not the obligation) in its sole discretion to move or edit any Content.

The Content 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.

Your Use of the Services

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 0000hrs the following day.

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 upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
You must not upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

Homesearch liability

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 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:

  • enabling You to link to any other website, or for the contents of any other website, whether one from which You may have been linked or to which You may link from the Homesearch Website, or for any consequence of your acting upon the contents of such website;
  • the Content;
  • the Website Data or any use of the Website Data by You, or any act or omission by You, arising from Your analysis or review of the Website Data.

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.

Assistance

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.

Notices and Notification

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.

Other Provisions

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.

Law

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.