Please read these terms and conditions carefully, they contain important information about your rights and obligations.
1 Introduction
1.1 Please read these terms and conditions carefully before using the web site operated by Sitescope Limited ('Sitescope', 'we' or 'us'). In particular, we draw your attention to clauses 2 (restriction on use), 3 (nature of our site) 7 (Applicability of online materials) and 11 (Liability).
1.2 Without prejudice to the above, by using or accessing our web site, www.homecheck.co.uk ('the Website') you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our Website, and if you do not accept these Terms in full, you must leave this Website immediately.
1.3 If you do not wish to be bound by these terms and conditions then you may not use our Website, but should contact us to discuss.
2 Restriction on Use
2.1 The information, materials and functionality in Homecheck available to you (the "Content") is provided free of charge and is for information purposes only and does not constitute advice. If you choose to rely on the Content to make (or refrain from making) any decision to take (or refrain from taking) any action you assume the entire risk of doing so and waive any claim to detrimental reliance.
2.2 You may not print or download to disk the contents of an individual page of Homecheck and will be blocked from doing so. Your PC, laptop or hand held device will not be able to make or store a copy of the Content, except for retaining the home page of the homecheck.co.uk web site as a favourite option within the internet browser and settings, or when viewed during an individual visit on the internet.
2.3 Your use of Homecheck is restricted to personal and private use only and you must not use Homecheck for any commercial purposes whatsoever.
2.4 You may not distribute, display or copy any part of the Content to any third party including, but not limited to, "caching" any part of the Content for access by third parties or "mirroring" any part of the Content for access by third parties.
2.5 Except as explicitly permitted herein, the Content may not be copied, reproduced, distributed, republished, reverse engineered, downloaded, displayed, posted or transmitted in any form or by any means without our prior express written permission.
2.6 The first time you make a search on a specific postcode on the Homecheck site, you are required to agree to a specific statement that is presented to you. This statement determines that the information provided does not constitute a professional environmental risk assessment and planning report. It is indicative only and not for commercial use. By clicking "I Agree", you hereby accept that your usage of the site will be monitored in accordance with this restriction on use. If your usage of the site is considered excessive, or where it is determined that you may be using the Content for commercial purposes, as determined by Landmark Information Group, we reserve the right to block access to all future postcode searches on the website. You will then be contacted by telephone or email to discuss your requirements and may be offered our Homecheck Professional or other assessed reports from the Landmark Information Group.
3 Nature of our Website
3.1 Our Website is a place for you to select and order a free Contamination Check, being a report containing general area-based information on environmental and neighbourhood issues ('the Products'). Our Website describes the Products in more detail.
3.2 Please note that the contents of our Website are aimed at users aged 18 and above.
3.3 The Products may not be used for any commercial purpose nor for the provision of professional advice. The Products, whilst using similar data to the reports that Landmark Information Group Limited and Sitescope offer for sale, is significantly less detailed and uses a different search distance and therefore may contain important differences. The purpose of the Products is to increase users' awareness of environmental issues and risks and promote responsible environmental due diligence. As such, it is a guide provided for information purposes only NOT BE RELIED UPON in any transaction or used as a substitute for a full report.
4 Ordering products on our Website
4.1 To order a product you will need to follow the ordering procedures set out on our order page.
4.2 Sitescope is entitled to refuse any order placed by you at our sole discretion. Additionally, in the event we think in our sole discretion your use or attempted use of the Website is either excessive or in breach of these Terms, we may suspend or block permanently your access to the Website. If your access has been denied and you would like to discuss the issue with us, please contact us on helpdesk@homecheck.co.uk or 0844 844 9966.
5 Modifications to Website
We reserve the right to alter, suspend or discontinue any aspect of our Website or the content or services available through it, including your access to it. Unless explicitly stated any new features including new content and/or the release of new software tools or resources shall be subject to these terms and conditions.
6 Information you provide
6.1 The following applies to any information you provide to us, for example during any registration or ordering process:
6.1.1 You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our Website. If you obtain Products through our Website then we may collect information about your buying behaviour and if you send us personal correspondence such e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as 'the Purposes'). All such information collected by us shall be referred to in these terms and conditions as 'Personal Information'.
6.1.2 You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.
6.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following modification to you by means of a notice on our Website, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should email us at helpdesk@homecheck.co.uk.
7 Applicability of online materials
7.1 Unless otherwise specified the materials published on our Website are presented solely for your private, personal and non-commercial use.
7.2 Our Website is controlled and operated by us from our offices in England. Where Content published on the Website is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content. You assume total responsibility and risk for your use of our Website and use of all information contained within it.
7.3 We have used all reasonable endeavours to ensure that our Website and Content complies with English law. However, we make no representations that the materials on our Website and Content are appropriate or available for use in locations outside the United Kingdom and if you choose to access the Website and Content from outside the United Kingdom you are solely responsible for ensuring compliance with all local laws, including those relating to the use of the Products, including without limitation paying all applicable taxes in connection with the same and you hereby indemnify us from any liability arising in connection with your use and access to the Website. No representation or warranty is made with regard to whether the Website or Content complies with any local laws outside the United Kingdom.
7.4 Sitescope makes no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Sitescope accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the use of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
8 Copyright and monitoring
The contents of our Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Sitescope or other third party licensors. All product and company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners, including us. You may not download material from our Website and may not reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent. You are not entitled to copy, screen capture, print or otherwise make any use of the information contained on the Website save for personal use for information only as provided in accordance with clause 2.3. Nothing in these terms or the provision of the Content or Products shall be deemed to transfer or license any intellectual property rights to you. You will indemnify us against any losses, costs, claims, demands or expenses incurred or suffered by us if you breach this obligation or any other obligations imposed on you in these Terms.
9 Linked sites
Sitescope make no representations whatsoever about any other web sites which you may access through our Website or which may link to our Website. When you access any other web site you understand that it is independent from Sitescope and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that Sitescope endorses or accepts any responsibility for the content, or the use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web site or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.
10 Availability of our Website
We will try to make our Website available but cannot guarantee that our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability or errors on or in it. You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.
11 Liability
11.1 We will do our best to ensure that all materials and information published on our Website are accurate, but please note that all materials and information on our Website are provided on an 'as is' basis, and we shall have the right to amend any errors that appear on the Website at any time. The information contained in the Products is generic and provided for interest only and should not under any circumstances be relied upon. For environmental reports to be used in connection with residential or commercial transactions, please see our Website www.homecheckpro.co.uk or contact us on helpdesk@homecheck.co.uk or 0844 844 9966. We do not warrant the completeness or accuracy of the information on the Website or in the Content or Products. We may make changes to such information at any time without notice, but notwithstanding that, such information may be out of date and we make no commitment to update or provide the latest version of any material provided.
11.2 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Products, our Website or any information or service provided through our Website.
11.3 Subject to clause 11.4, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our Website or its contents other than as a direct result of purchasing products (as set out below), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Sitescope or our servants, agents or any other person. As indicated above the Products are for generic interest only and we shall not be liable for any errors or omissions in them. For any other products ordered from us, our liability shall be limited as set out in the terms and conditions applicable to that product, which will be provided at the time the order is placed.
11.4 The limits and exclusions set out above do not apply to any liability we may have for death or personal injury resulting from our negligence for which our liability shall be unlimited.
11.5 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available on our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
12 General
12.1 We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
12.2 We may alter these terms and conditions from time to time and post the new version on our Website, following which all use of our Website will be governed by that version. You must check the terms and conditions on the Website regularly as we will not notify you of any changes.
12.3 These terms and conditions together with the privacy policy and any order form, if any, are the whole agreement between you and Sitescope. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by Sitescope or any other person and you waive any rights to damages/recission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these terms and conditions, privacy policy, order form and payment method instructions (where appropriate). Variations to these terms shall have no effect unless expressly agreed in writing and signed by a director of Sitescope.
12.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
12.5 These terms and conditions and your use of our Website are governed by English law and you submit to the exclusive jurisdiction of the English court.
12.6 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
12.7 Nothing in these terms shall confer any benefit nor the right to enforce any term on any party who is not a party to the order contract.
12.8 We reserve the right to defer any of our obligations if we are prevented from or delayed in carrying on our business due to circumstances beyond our reasonable control. In the event such delay continues for a period of in excess of 180 days we shall contact you and may agree to cancel your order and refund any monies due. We shall not have any other liability to you in these circumstances.
13 Notices
13.1 All notices shall be given:
13.1.1 to us via email at helpdesk@homecheck.co.uk; or
13.1.2 to you at either the e-mail or postal address you provide during any ordering or registration process. Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the day of posting.
14 Replacement
These terms and conditions replace all other terms and conditions previously applicable to the use of our Website and/or sale of the Products.