1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply property location reports to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide your property location report to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms, depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers only are highlighted in blue, and those specific to businesses only are highlighted in green.
1.4 If you are a business customer, this is our entire agreement with you. If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase of a property location report. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms, and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Ask Tenants Limited a company registered in England and Wales. Our company registration number is 09238027, and our registered office is at 20-22 Wenlock Road, London, England, N1 7GU. Our VAT number is VAT# 215 8604 14
2.2 How to contact us. You can contact us by telephoning our customer service team on 0800 689 1691, by writing to us at 20-22 Wenlock Road, London N1 7GU, or by emailing us at email@example.com.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order for a property location report will take place when we email you to accept it, at which point a contract will come into existence between you and us. If you are a consumer, please note that by placing your order, you are asking us to begin preparing your property location report immediately, before the 14-day cancellation period has expired. Clause 8.5 explains what will happen if you choose to cancel during the cancellation period and we have either already started work on your property location report, or the work has been completed.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the property location report. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the property location report on our website, or because we are unable to meet a delivery deadline you have specified.
3.3 We only sell reports for properties located England (not in Wales, Northern Ireland or Scotland). Property location report services are only available in England. Unfortunately, we do not accept orders for property location reports from addresses outside England.
4. OUR PROPERTY LOCATION REPORTS
4.1 Making sure the address you give us is accurate. You are responsible for ensuring that you give us the full postal address (including post code) of the property in relation to which you are ordering a property location report, and for ensuring that those details are correct.
4.2 The property location report is not a surveyor’s report. The property location report you purchase from us is not a surveyor’s report, and you should not use or rely on it as such. It is not a substitute for obtaining a surveyor’s report from an appropriately qualified and experienced professional, and we strongly advise that you obtain such a report if you are considering purchasing the property in question, and we cannot accept any responsibility if you fail to do so.
4.3 We do not provide financial advice. Nothing contained in the property location report should be regarded as giving financial advice. We are not financial advisers, and if you require any financial advice in relation to matters referred to within the property location report, or in relation to the property and your financial affairs more generally, you should seek independent financial advice from an appropriately qualified and regulated professional. We cannot accept any responsibility if you fail to do this.
4.4 The contents of the property location report are only accurate at a specific point in time. Subject to clause 4.5, all data and information contained in the property location report are only accurate as at the date of the report. If you wish to use any of this information at a later date (for example if the date of your rental or acquisition of the property is delayed), you should purchase a new property location report from us at the relevant time, or take independent steps to check the information yourself, to ensure that it remains valid for your purposes. We cannot accept any responsibility if you fail to do this.
4.5 The contents of the property location report includes information provided by third parties. The property location report is compiled using information provided by, and licensed from, various third parties. Accordingly, we cannot guarantee the accuracy or completeness of any such content and, before relying on it, you should take independent steps to check the information yourself.
4.6 Links to third party websites or resources. Where the property location report contains links to third party websites or resources, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites, of any products or services advertised on those websites, or of any information you may obtain from them. You will be subject to the website terms and conditions of the third party in question when you enter or use their website, and we recommend that you check those terms and conditions before you do so. We have no control over the contents of those websites or resources, and therefore we cannot accept any responsibility for them.
4.7 You are solely responsible for any decisions you make after reading the property location report. The contents of the property information report are provided for general information only, and are not intended to amount to advice on which you should rely. You must obtain appropriate professional or specialist advice before taking, or refraining from, any action on the basis of the contents of the property location report.
4.8 Copyright and other intellectual property rights. We are not the owner of the copyright or any other intellectual property rights in any third party information contained in the property location report, and you are not permitted to use any of the contents of the report for any purpose whatsoever, other than for your own private and domestic purposes. We do not accept any responsibility to you or any third party if you make any use of the property location report or its contents which is in breach the provisions of this clause 4.8.
5. PROVIDING THE PROPERTY LOCATION REPORT TO YOU
5.1 When we will provide the property location report. We will begin to provide the service on the date we accept your order. The completion date for the property location report is as told to you during the order process.
5.2 We are not responsible for delays outside our control. If our supply of the property location report is delayed by an event outside our control, then we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any property location report you have paid for but not received.
5.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the property location report to you, for example, [we will need the full postal address of the property in question and your contact details including your email address, so that we can provide you with the report]. If so, this will have been stated in the description of the property location report on our website. You will be prompted to provide this information when you place your order. If you do not give us this information when you order a property location report, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the property location report late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time.
5.4 Reasons we may suspend the supply of a property location report to you. We may have to suspend the supply of a property location report to:
(a) deal with technical problems or make minor technical changes;
(b) update the property location report to reflect changes in relevant laws and regulatory requirements;
5.5 Your rights if we suspend the supply of the property location report. We will contact you in advance to tell you we will be suspending supply of the property location report, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days, and we will refund any sums you have paid in advance for the property location report in respect of the period after you end the contract.
6. YOUR RIGHTS TO END THE CONTRACT
6.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with what you have bought, how we are performing, when you decide to end the contract, and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed, you may have a legal right to end the contract (or to get a service re-performed or to get some or all of your money back), see clause 9 if you are a consumer;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
(c) If you are a consumer and have just changed your mind about the property location report, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6.
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any property location report which has not been provided, and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the property location report you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the property location report may be significantly delayed because of events outside our control;
(c) we have suspended supply of the property location report for technical reasons, or notify you we are going to suspend it for technical reasons, in each case for a period of more than 14 days; or
(d) you have a legal right to end the contract because of something we have done wrong.
6.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer, then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
6.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of services, once these have been completed, even if the cancellation period is still running. This means that if we have finished preparing your property location report before the cancellation period has ended, you will not have the right to cancel (although you may still have the right to end the contract if one of the other reasons described in clause 6.1 applies to you).
6.5 How long do consumers have to change their minds? If you are a consumer you have 14 days after the day we email you to confirm we accept your order. However, please note that by placing your order, you are requesting us to start work on preparing the property location report immediately. This means that:
(a) once we have completed the services you cannot change your mind and cancel the contract, even if the cancellation period is still running (see clause 6.4 above);
(b) if you cancel after we have started the services, but before we have completed the property location report, you must pay us for the services provided up until the time you tell us that you have changed your mind.
6.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 6.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for property location reports not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) a percentage of the price calculated as per below table depending on the date on which you end the contract], as compensation for the net costs we will incur as a result of your doing so.
7. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Phone or email. Call customer services on 0800 689 1691 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
7.2 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the property location report, by the method you used for payment. However, we may make deductions from the price, as described below.
7.3 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
7.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, then your refund will be made within 14 days of your telling us you have changed your mind.
8. IF THERE IS A PROBLEM WITH THE PROPERTY LOCATION REPORT
How to tell us about problems. If you have any questions or complaints about the property location report, please contact us. You can telephone our customer service team on 0800 689 1691, write to us at 20-22 Wenlock Road, London N1 7GU, or email us at email@example.com.
9. YOUR RIGHTS IN RESPECT OF DEFECTIVE PROPERTY LOCATION REPORTS IF YOU ARE A CONSUMER
If you are a consumer, we are under a legal duty to supply property location reports that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the property location reports. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk, or call 03454 04 05 06.
In relation to services, the Consumer Rights Act 2015 says:
• you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
• if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
• if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
10. PRICE AND PAYMENT
10.1 Where to find the price for the property location report. The price of the property location report (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure to that the price of the property location report advised to you is correct. However please see clause 10.2 for what happens if we discover an error in the price of the property location report you order.
10.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the property location reports we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the property location report’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the property location report’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
10.3 When you must pay and how you must pay. We accept payment with Visa, Master Card and American Express. Payment must be made in full when you place your order.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the property location reports.
11.3 We are not liable for third party data. Where we have used third party data in compiling your property location report, we do not accept any responsibility for the accuracy or completeness of such data, as we do not have the means of checking it or the resources to do so.
11.4 We are not liable for business losses. If you are a consumer we only supply the property location reports for to you for domestic and private use. If you use the property location reports for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 14.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
12.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
12.2 Subject to clause 12.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us;
(b) where we have used third party data in compiling your property location report, we do not accept any responsibility for the accuracy or completeness of such data, as we do not have the means of checking it or the resources to do so; and
(c) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to [Thirty Pounds] or 100 percent of the total sum paid by you for in respect of the property location report purchased under the contract in question, whichever is lower.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
(a) to supply the property location report to you;
(b) to process your payment for the property location report; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
13.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it, and we will refund you any payments you have made in advance for property location reports not provided.
13.4 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.5 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.6 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.8 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the property location reports in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the property location reports in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the property location reports in either the Northern Irish or the English courts.
13.9 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Schedule Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
To: Ask Tenants Limited, 20-22 Wenlock Road, London, England, N1 7GU, 0800 689 1691, firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
[*] Delete as appropriate
© Crown copyright 2013.