Terms & Conditions
THESE ARE THE TERMS (TOGETHER THE “AGREEMENT”) ON WHICH SAVVY HOUSE BUYER (“SAVVY HOUSE BUYER”, “US”, “WE”, “OUR”) PROVIDE YOU (“YOU” OR “YOUR”) WITH THE ONLINE SERVICES (“SERVICES) PROVIDED VIA SAVVYHOUSEBUYER.COM (THE “WEBSITE”).
IF YOU WISH TO USE THE SERVICE ON THE TERMS SET OUT BELOW, PLEASE CLICK THE “I ACCEPT” BUTTON BELOW TO ACKNOWLEDGE ACCEPTANCE OF THESE TERMS. THESE TERMS WILL THEN GOVERN THE RELATIONSHIP BETWEEN YOU AND US AND ANY USE WHICH YOU MAKE OF THE SERVICE.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS LAID DOWN IN THIS AGREEMENT, YOU MAY NOT USE OR SUBSCRIBE TO THE SERVICE.
1. INFORMATION ABOUT US AND THE SERVICES
1.1 The Website is owned and managed, operated and maintained by Savvy House Buyer Limited, a company registered in England and Wales with company registration number 12396099, and having its registered address at Wood Cottage, Salt Lane, Godalming, GU84DH.
1.2 Once You accept this Agreement Savvy House Buyer will provide You with access to the Service on a non-exclusive basis. The Service provides location data and other information relevant to a particular property in the UK property market (“Data”) and then gathers and presents such data in the form of a document that may be viewed on the Website, (“Report”).
1.5 Where You are a company or partnership, the person accepting this Agreement represents that s/he is authorised by You to accept this Agreement for and on Your behalf.
2. PRELIMENARY INFORMATION AND REGISTRATION
2.1 You hereby warrant that:
2.1.1 you are at least 18 years old;
2.1.2 you have the capacity to agree to this Agreement; and
2.1.3 you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into this Agreement.
2.2 By registering your details you consent to us conducting verification and security procedures in respect of the information provided by you online.
2.3 You hereby warrant that the information provided by you to us is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information.
2.4 Upon the completion and submission of the online form on the Website, you shall be sent a confirmation email of purchase and notification of report delivery.
2.5 You shall keep your registration details for the Website (“Login Details”) secure. Without prejudice to any other rights and remedies available to us, we reserve the right to promptly disable your Login Details and suspend your access to the Website in the event that we have any reason to believe you have breached any of the provisions set out herein.
3. SERVICE ACCESS AND CONTENT
3.1 Savvy House Buyer will use all reasonable endeavours to keep the Service available 24 hours a day. However, the normal availability of the Service may be varied at the sole discretion of Savvy House Buyer. Savvy House Buyer reserves the right to suspend the Service temporarily and without notice for any reason.
3.2 We rely on third party providers (such as network providers, data centres and telecommunication providers) to make the Website and the Services available to you. Whilst we take all reasonable steps available to provide you with a good level of service, you acknowledge and agree that we do not warrant that the Service shall be uninterrupted or fault-free at all times. We therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and/or the Website as a result of our service providers.
3.3 Savvy House Buyer reserves the right from time to time to alter or modify the Service (in whole or in part) as it deems appropriate and to alter or modify the format and content of the information contained therein.
3.4 In accepting this Agreement You undertake not to use any automated software (often referred to as ‘spiders’, ‘scrapers’, etc.) in relation to the Service without receiving written consent from Savvy House Buyer and that You will only ever access the Service manually.
4. REPORTS PRESENTED BY THE SERVICE
4.1 All Reports and Data provided by Savvy House Buyer are provided “as is”. Reports are not vetted or verified by Savvy House Buyer.
4.2 Savvy House Buyer has no control over the information gathering or verification process of the third parties from which it obtains certain Data and upon which Reports are based. Savvy House Buyer makes no representations or warranties about the accuracy, completeness or recency of the Data or the Reports presented via the Service.
4.3 By accepting this Agreement You expressly acknowledge that You have sole responsibility for checking the accuracy of any Report provided by the Service. Accordingly, You will not rely on the Data or the Reports accessed via the Service to make any decision and will use other independent sources of information and appropriate qualified professional advice (e.g. from a Solicitor and/or Surveyor) before engaging in any transaction concerning the sale or purchase of real estate. Any Report should not be viewed as a replacement for the usual searches and investigations performed by prospective buyers of property.
4.4 By accepting this Agreement You expressly acknowledge that any reliance on the Data or the Report offered by the Service are at Your own risk and that Savvy House Buyer is not responsible for the consequences of any actions that You may take, or refrain from taking, as a result of the Report made available through the Service.
4.5 You further acknowledge that You understand that the Reports offered by the Service include Data gathered from third parties and, unless otherwise stated, does not represent the views, advice, or opinions of Savvy House Buyer or any of its staff. Any views or opinions offered by Savvy House Buyer are that of Savvy House Buyer alone, but are not in relation to any specific property listed on the Website. Savvy House Buyer has no control over Data published by third parties and Your reliance on such information, as offered via the Service, is at Your own risk.
4.6 You accept that Savvy House Buyer has no obligation to provide specific information to You at any given time and You therefore agree that Savvy House Buyer has no liability to You if for any reason any aspect of the Service, including specific categories of information or data, is temporarily unavailable to You or is removed from the Service permanently.
5. PROHIBITED ACTIVITIES AND YOUR RESPONSIBILITIES
5.1 By accepting this Agreement You expressly accept that You are prohibited from using the Service in any way that is unlawful, that is prohibited by this Agreement, or for any other purpose that is not foreseeable by Savvy House Buyer.
5.2 You undertake that any information that You provide to Savvy House Buyer, to other users of the Service, or more generally via the Service, will be true and accurate to the best of Your knowledge.
5.3 You further undertake that You will not use the Service for any purpose (or cause to appear on the Website any comments, images, links or other material);
that is designed to copy the Data made available via the Service, or to reverse engineer any of the processes underpinning the Service.
5.4 You may not misuse the Service, including without limitation, by hacking, attempting to take any action that might interfere with or modify the proper working of the Service, or attempt to bypass or circumvent any measures which prevent or restrict access to the Service.
5.5 You may not use the Service in a way that imposes, or may impose, an unreasonable load on the Service’s infrastructure. Savvy House Buyer has sole discretion in deciding what activity may be regarded as unreasonable in this regard.
5.6 If You breach any aspect of Clauses 5.1 to 5.5, Savvy House Buyer shall be entitled immediately to terminate Your access to and use of the Service, for which it shall incur no liability to You and shall not be liable to make any kind of payment or refund to You in order to compensate You for loss of access or any other reason.
6. PAYMENT OF CHARGES
6.1 Reports are subject to the payment of Charges. You shall pay for such Reports in advance using your credit card, debit card, or any other acceptable method of payment, as set out on the Website. We reserve the right to withhold or cease provision of the Service where payment has not been received. Save as otherwise expressly stated in this Agreement, all Charges are non-refundable.
6.6 You cannot cancel your purchase of a Report once delivery has started, which includes Savvy House Buyer making the Report available on the Website to view. By purchasing a Report, you acknowledge and agree to this.
6.7 On payment of the relevant Charges for the Report you hereby acknowledge and agree that payment constitutes an express request for the immediate commencement of the performance of the Service by Savvy House Buyer, , such that on payment of such relevant Charges, you can access the Report using the Website. You also agree that the Report may be provided at ay time within a 24 hour window after payment.
7.1 You hereby indemnify and hold Savvy House Buyer harmless from and against any and all losses, costs, actions, proceedings, claims, damages, expenses, including reasonable legal costs and expenses, or liabilities whatsoever suffered or incurred directly by Savvy House Buyer in consequence of Your breach or non-observance of these terms and conditions.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 The copyright and all other intellectual property rights subsisting in, relating to or arising out of the Service and the Website (including, but not limited to all database rights, trade marks, text, graphics, and program code) is owned by Savvy House Buyer and/or its licensors.
8.2 You are expressly prohibited from:
8.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Services or Website, including without limitation, any Data or other material made available to you through your use of the Website and/or the Services.
8.2.2 removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by us and/or our licensors, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to is.
8.3 Savvy House Buyer and its licensors retain all title, ownership of, and intellectual property in the Data and the Report comprised by the Service and in all copies of that may be made thereto. Nothing contained in this Agreement, nor any use of the Service by You, shall be construed as granting or otherwise transferring to You any ownership, interest or intellectual property whatsoever in the Service.
8.4 Savvy House Buyer hereby grants to you a non-exclusive, non-transferable licence (without the right to sub-licence to any third party) to access and view the Data and the Reports via the Website for the term of this Agreement, for Your own private, personal and non-commercial use and in accordance with any Savvy House Buyer fair use policy (“Policy”) available on the Website from time to time.
8.5 Savvy House Buyer hereby grants to you a non-exclusive, non-transferable licence (without the right to sub-licence to any third party) to use and store (online or offline) any electronic or paper copies of Reports downloaded or otherwise obtained by You through the Services for the term of this Agreement and for your own private, personal and non commercial purposes. Such downloaded electronic copies of your Reports may be viewed up to a limited number of devices (which may include PC’s, laptops, tablets and mobile phones, together the “Devices”), as specified in the Savvy House Buyer Policy from time to time. You may share extracts from Your physical paper copy of the Report to third party individuals for personal, non-commercial research purposes.
8.6 Except as expressly permitted in this Agreement, You shall not, and shall not permit others to (i) modify, translate, create derivative copies of or copy the Report in whole or in part; (ii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the Report or your right to use the Report (which includes uploading to or sharing copies of the Report (or any part thereof) on third party websites); (iv) remove or modify any copyright, trademark, or other proprietary notices belonging to Savvy House Buyer or its licensors contained within the Report; or (v) use the Report in any manner not expressly authorised by this Agreement.
9. LIMITATION OF LIABILITIES
9.1 The Service and the Website is supplied to You on an “as is” basis and no aspect of it has been written to meet Your individual requirements. It is Your sole responsibility to satisfy Yourself prior to entering this Agreement that the Service will meet Your requirements and be compatible with Your hardware/software configuration. Savvy House Buyer makes no warranty or representation in that respect and no failure of any part or the whole of the Service to be suitable for Your requirements shall give rise to any right or claim against Savvy House Buyer.
9.3 Whilst Savvy House Buyer makes all reasonable attempts to exclude viruses from the Website, it cannot ensure such exclusion and no liability is accepted for viruses or similar harmful software.
9.4 If We fail to comply with this Agreement, We are responsible for loss or damage You suffer that is a foreseeable result of our breach of this Agreement and such amount that we may pay to You for such loss or damage you suffer under or arising out of your Agreement shall be limited in the aggregate to the sums paid by You to Us for the services.
9.5 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by You and us at the time we entered into this contract.
9.6 We only supply the Services and the Website for your own private use. You agree not to use the Services and/or Website for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of data, loss of business, business interruption, anticipated savings or loss of business opportunity.
9.7 Savvy House Buyer will have no liability to You for any liability which You may have to any third party resulting from failure of or deficiencies in the Service and/or Website.
9.8 In no event shall Savvy House Buyer third party licensors of Data be liable for any losses, damages, claims, costs or expenses, whether arising in contract, tort (including negligence) or otherwise arising out of or in connection with the use or reliance on such Data.
9.9 None of the clauses above shall apply so as to restrict liability:
- for death or personal injury caused by Savvy House Buyer negligence;
- for fraud or fraudulent misrepresentation; or
c) for any matter for which it would be illegal for Savvy House Buyer to exclude, or attempt to exclude liability.
10. PRIVACY AND COOKIES
11.1 Neither this Agreement nor any of Your rights and obligations hereunder may be assigned, transferred, charged, sub-licensed, delegated or disposed of in whole or in part on a temporary or a permanent basis without the prior written consent of Savvy House Buyer
11.2 Savvy House Buyer reserves the right to assign this Agreement at any time and without notice.
12. TERM AND TERMINATION
12.1 This Agreement will commence:
12.1.1 where you are a Visitor, upon your visit to the Website and continue for the duration of your visit to the Website;
12.2 Savvy House Buyer may terminate or suspend Your access to the Service at its discretion. Savvy House Buyer is under no obligation to give prior notice of terminations or suspensions of Your use of the Service.
12.3 The terms of this Agreement which can be construed to have lasting effect (including, but not limited to, those concerning intellectual property rights, disclaimers and limitations of liability) will continue to have effect after termination of this Agreement or usage of the Service.
12.4 In the event of termination of this Agreement for any reason, (a) You shall cease to have access to or any rights or licence in respect of any part of the Service, (b) You shall cease use of the Reports within thirty (30) days of the effective date of termination; delete or destroy all electronic and paper copies of any Reports in Your possession and where requested by Savvy House Buyer, certify in writing that you have complied with the foregoing.
12.5 Termination of this Agreement shall be without prejudice to the parties’ other rights or remedies.
13. AFFILIATIONS AND LINKS
13.1 The Website provides links to and content from third party websites. Such third party websites are not our responsibility and accordingly we accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not endorse the views expressed therein.
13.2 Third party websites operate under their own terms and conditions, and you are advised to read such terms and conditions prior to making use of such third party websites. Further, where you access any third party website through a link on our Website, you acknowledge and agree to abide by the terms and conditions of such third party website.
14.1 If Savvy House Buyer fails, at any time during the term of this Agreement, to insist upon strict performance of any of Your obligations under this Agreement, or if Savvy House Buyer fails to exercise any of its rights or remedies under this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by Savvy House Buyer of any default shall not constitute a waiver of any subsequent default. No waiver by Savvy House Buyer of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
14.2 If any term of this Agreement is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14.3 These terms and conditions and any document expressly referred to in them represent the entire agreement between Savvy House Buyer and You in relation to Your use of the Service and supersede any prior agreement, understanding or arrangement between You and Savvy House Buyer whether oral or in writing. Savvy House Buyer and You each acknowledge that, in entering into this Agreement, neither party has relied on any prior representation, undertaking or promise given by the other or implied from anything said or written in negotiations prior to such Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of this Agreement (unless such untrue statement was made fraudulently).
14.4 Savvy House Buyer may alter or amend these terms and conditions by giving reasonable notice on the Website. By continuing to use the Service after expiry of the notice period, you will be deemed to have accepted any amendment to this Agreement. If, on receipt of such notice, you wish to terminate your agreement with Savvy House Buyer, you may do so by giving Savvy House Buyer notice of termination, such termination to take effect on the date upon which the amended terms and conditions would otherwise have come into effect.
14.5 This Agreement does not create any rights under the Contracts (Rights of Third Parties) Act 1999 (“Act”) which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services.
14.6 Any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with this Agreement or its formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.