1.1 It is important that you read these Terms and Conditions carefully.
1.2 These Terms and Conditions constitute a legally binding agreement in relation to the provision by us to you of any Service.
1.3 Before making any application to use any Service you should read all the terms relevant to that Service. If you do not understand these Terms and Conditions, please contact us.
1.4 These Terms and Conditions will take effect as soon as you use any of our Services. Please read them carefully, along with the documents at www.gotosurveys.co.uk, as they set out the basis on which we will provide our Services to you.
1.5 If there is any conflict between these Terms and Conditions set out in this document and any other document these Terms and Conditions will apply.
1.7 The Site is owned and operated by Genle Ltd. We are incorporated in England and Wales with company number 9790404. Our registered office is at Mercury House, 19-21 Chapel Street, MARLOW, Buckinghamshire, SL7 3HN.
1.8 It is vital you note the following:
(a) We are acting as agents for the Surveyor and that the Surveyor is responsible and liable for any Services provided by the Surveyor or their employees, consultants, agents or affiliates.
(b) We do not provide you with any warranty, assurance or guarantee that any Surveyor you enter into an agreement with through the Site or by use of any Service is able to fulfil their obligations to you. We shall not be responsible to you for the default of any Surveyor or third party or any loss you suffer due to the default of any other such person.
Capitalised terms have the following meanings in these Terms and Conditions:
Business Day: means any day other than Saturday Sunday or English bank holiday, on which banks in the City of London are open for normal banking business;
Business Relationship: means the contract established with us once you have accepted these Terms and Conditions;
Customer(s): means a user of our Services with whom we entered into a Business Relationship;
Events Outside Our Control: means any event preventing us from performing or otherwise delaying or hindering our performance of any or all of our obligations under these Terms and Conditions and which arises from or is attributable to any acts, events, omissions or accidents beyond our reasonable control including (but not limited to):
(a) compliance with any law, governmental order or regulatory requirement or any change in or amendment to any law, regulation or rule (or in the application or official interpretation by any court, tribunal or regulatory authority);
(b) any strike, lock-out or other industrial dispute, riot, terrorism, war, civil commotion, nuclear, chemical or biological contamination, act of God, malicious damage, accident, breakdown of equipment, fire, flood, storm, interruption of power supply, failure of a utility service or breakdown of or interruption in any electronic, communication or information system; and/or
(c) the failure by any Surveyor to fulfil their obligations to you.
Fees: means any sum charged by the Surveyor for the provision of the Services;
Genle: means Genle Ltd, a company incorporated in England and Wales with company number 9790404;
Party, Parties or us: refers to both you and us, or either you or us (as appropriate);
Personal Information: means information that identifies an individual, such as name, address, e-mail address, trading information, and banking details. Personal Information does not include anonymised and/or aggregated data that does not identify a specific user;
RICS: means the Royal Institution of Chartered Surveyors whose registered address is Surveyor Court, Westwood Business Park, Coventry CV4 8JE;
Service: means the home survey service and including provision of materials and information as updated by us from time to time;
Site: means the website located at www.gotosurveys.co.uk;
Surveyor: means a surveyor registered with RICS with whom you contract using any Service;
the Company, ourselves, we and us: refers to Genle;
3. General Provisions and Acceptance
These Terms and Conditions establish the agreement between us and the terms by which you may access our Services but not any agreement between you and any Surveyor who enters into any agreement with you.
You will enter in a separate agreement with your Surveyor prior to the survey taking place.
4. The Services
The Services available to a Customer are:
(a) RICS HomeBuyer Report,
(b) RICS Building Survey.
Further details of the Services can be found on the Site.
5. You, your responsibilities and risk
5.1 By agreeing to these Terms and Conditions you agree and confirm to us that the following confirmations are true:
(a)you are aged 18 or over;
(b) you confirm that you are acting as principal and on your own behalf unless you inform us to the contrary;
(c) you confirm that you are not insolvent or bankrupt or subject to any insolvency proceedings or arrangements and if you are a body corporate (such as a limited company a limited holding company or a limited liability partnership) company you confirm that no steps have been taken to appoint a receiver, manager or administrator either of you or over any of your assets and that no steps have been taken for your winding-up or bankruptcy;
(d) you will provide us promptly on request with a copy of any documents which we may reasonably require from time to time;
(e) you will not use our Services for any purpose which is unlawful, abusive, libellous, obscene or threatening;
If any of these confirmations are untrue or your circumstances change, you must tell us as soon as you can.
If you do not agree to these Terms and Conditions, you will not be allowed to access the restricted areas of the Site and use any Services.
5.2 We shall not give advice to you on the merits of any Services. None of our staff are authorised by us or permitted to give you advice. Accordingly, you should not regard any Service proposal or other written or oral communications from us as any recommendation or advice or as expressing our view as to whether a particular Service is suitable for you or meets your objectives. You must rely on your own judgement for any decision in relation to your choice of Surveyor or the type of survey you have undertaken.
6.1 To enable us to comply with our obligations under any regulations or rules which apply to us we may at any time ask you to provide and/or update information and supporting documentation about yourself.
6.2 Where we have not received satisfactory information or documentation within our specified timescales, we may (without limiting our right to take any other action we reasonably consider to be appropriate) take some or all of the following actions until we receive satisfactory information or documentation:
(a) decline to accept you as a Customer; and/or
(b) apply restrictions to your use of any Services.
7. Charges and Payments
7.1 Charges for our Services
(a) We charge a commission to Surveyors for our Services from the Fees. We may introduce new charges or change our existing Fees at any time, but these will not affect any price agreed with you for the Services you agree with any Surveyor.
(b) You will not be charged any Fees by us, although we do collect Fees on a Surveyor’s behalf.
8. Intellectual Property
8.1 The copyright for all of the Information is owned or licensed by us unless we state that it belongs to someone else. You may copy, reproduce, modify, reformat, download or temporarily store extracts from the Site or information made available to you through the Site, for your own personal use to help you use our products or Services, provided that you do not alter anything (including any copyright, trade mark or other notices you are provided with) and that you do not publish, transmit or otherwise reproduce that information in any format to any third party. You may not use the information in any other way, including using a part of the Site or any other Site or providing a link to the Site or using the information for commercial purposes, without our prior written consent.
8.2 The Site contains trademarks belonging to Genle. The unregistered trademarks include graphics, logos, words, phrases and icons contained on the Site, including, but not limited to characters. No rights are granted in respect of any of the above trademarks. If you are in doubt as to whether an item is a trade mark of Genle, please contact us for clarification.
9. Exclusions and Limitations
9.1 These liability provisions should be read carefully as they exclude or limit our legal liability in connection with your use of the Site or the provision by us of any Service. Nothing in these Terms and Conditions and in particular with these liability clauses shall attempt to exclude liability where that is not allowed under applicable law or regulation in England and Wales, including without limitation, for death or personal injury, or for fraudulent misrepresentation or in respect of any duties.
9.2 While we have taken all reasonable steps to ensure the accuracy and completeness of the content of the Site, we exclude any warranties, undertakings or representations (either express or implied) to the full extent allowed under applicable law, that the Site or (including without limitation) all or any part of the content or materials, accuracy, availability or completeness of the content of the Site or any part of the content or materials are appropriate or available for use in the United Kingdom or in other jurisdictions where we provide our Services. In particular, you must satisfy yourself that any information is reliable before you make any decisions or take any actions based on it.
9.3 We do not provide you with any warranty, assurance or guarantee that any Surveyor you enter into an agreement with through the Site or by use of any Service is able to fulfil their obligations to you. We shall not be responsible to you for the default of any Surveyor or third party or any loss you suffer due to the default of any other such person.
9.4 We will not be responsible or liable to you for any loss or expense suffered by you from your use of or access to the Site which includes any errors or omissions contained in the Site or if the Site is unavailable and we shall not be liable for any direct or indirect:
(a) economic losses (including but not limited to loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings); or
(b) loss of goodwill or reputation;
(c) suffered by you arising out of your use of the Site or the provision by us of any Service or the use by you of the Site or any Service.
9.5 Access to and use of the Site is at your own risk and we do not warrant that the use of the Site or any material downloaded from it will not cause damage to any property, or otherwise minimise or eliminate the inherent risks of the internet including, but not limited to, loss of data, computer virus infection, spyware, malicious software, Trojan horses and worms. It is your responsibility to protect and backup any data and equipment and to take reasonable precautions to scan for computer viruses or other destructive properties.
9.6 The internet is not a secure network and communications transmitted over the internet may be accessed by unauthorised third parties. We are not responsible for any losses or expenses you may incur arising out of changes made to the content of the Site by unauthorised third parties and we do not provide any guarantees about the accuracy, functionality or performance of any third-party software used in connection with the Site. We are not responsible for any electronic communications which we do not receive or receive in garbled form.
9.7 To provide increased value to users of the Site, we may provide links to other websites or resources for you to access. Such links are provided for information purposes only. You expressly confirm and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and shall not be responsible or liable, directly or indirectly, for:
(a) the privacy practices of such sites;
(b) the content of such sites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such sites or resources;
(c) any difficulties you may have downloading software contained on such sites or the consequences of doing so; or
(d) the use that others make of such sites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external sites or resources.
10.1 Except as otherwise expressly provided in these Terms and Conditions, any communication in writing may be given by post, SMS, fax or email to the address, number or email address last notified by you to us or by us to you.
10.2 These Terms and Conditions and all related information, statements and notifications we make to you will be in English and when you communicate with us you must also do so in English.
10.4 Communications sent over the internet cannot be guaranteed to be completely secure and can be intercepted, lost or corrupted. If you do send us an email, please keep the amount of confidential information you include to a minimum.
10.5 We shall be treated as having received any communications made by you to us only if we actually receive the communications. If you need to contact us urgently, you should telephone us in the first instance.
10.6 If we send communications to you:
(a) by post, to the last-known postal address that we hold for you, they will be treated as received by you four Business Days after posting;
(b) by fax they will be treated as received by you immediately upon sending to the most recent fax number we hold for you; and
(c) by email they will be treated as received by you immediately upon sending to the most recent email address we hold for you.
10.7 We do not have to ask for any acknowledgement of receipt from you in respect of communications sent in accordance with clause 10.1 of these Terms and Conditions.
10.8 We will not be responsible to you for any delay or failure of delivery of any communication sent in accordance with clause 10.6 of these Terms and Conditions, except where such delay or failure results from our negligence, fraud or our deliberate default.
10.9 At your request we may agree to send certain communications to you via SMS. You should note that this does not form a standard part of our Service and we will not be liable for any delay or failure of delivery of communication, or inaccuracy of information, sent via SMS, except where such delay or failure results from our negligence, fraud or our deliberate default.
10.10 You must inform us immediately of any changes to your personal details, including your postal address, your email address and your telephone numbers (mobile and landline). When we receive returned mail or emails, we will do our best to contact you to get your new details. We do not have to send further communications to the old address or old email address. We will not be responsible to you for any loss that you may suffer as a result of you not receiving correspondence or payments where you have not informed us of any change in your details.
10.11 We do not accept responsibility for any loss you or anybody else may suffer because any instructions or information sent by you or us are sent in error, fail to reach the recipient or are distorted unless such loss results from our negligence, fraud or our deliberate default.
10.12 To ensure that we carry out your instructions accurately and for compliance and training purposes we may monitor and/or record any telephone calls and electronic communications between us including emails, SMS and instant messages, without the use of a tone or other warning. Any recordings remain our property and you agree and expressly confirm that records of our communication will be admissible as evidence of any instruction given or received by you.
10.13 We use IP addresses to analyse trends, administer the site, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
12. Online Services
Our Site terms and conditions apply to your use of the Site for any purpose.
If you agree to subscribe with these Terms and Conditions, you agree to indemnify us against any action, liability, cost, loss, damage, proceeding or expense suffered or incurred if they derive directly or indirectly from your usage of the Site and the Services, or from your violation of these Terms and Conditions.
14. Amendment of these Terms and Conditions
14.1 From time to time we may change these Terms and Conditions or any of the documents on the Site for the following reasons:
(a) Where we reasonably consider that:
(i) the change would make the terms easier to understand or fairer to you; or
(ii) the change would not be to your disadvantage.
(b) To cover:
(i) the improvement of any Service we supply;
(ii) the introduction of a new Service;
(iii) the replacement of an existing Service with a new one; or
(iv) the withdrawal of a Service which has become obsolete, or has ceased to be widely used, or has not been used by you at any time in the previous year.
(c) As a result of a regulatory requirement (or where we reasonably expect that there will be a change in a regulatory requirement)
14.2 We will tell you about any changes and when they come into effect by placing a notice on the Website, if we hold a valid email address, by email (or by post if you have elected to receive communications by post).
14.3 Any change which is made to reflect a change of applicable law or regulation or rules of a relevant exchange will take effect immediately or otherwise as we may specify. We will give you 30 days’ notice of any other change.
We take English law as a basis for the establishment of relations with you before we accept you as a Customer. These Terms and Conditions are governed by and construed in accordance with English law. You agree that legal action relating to these Terms and Conditions may be dealt with only by the Courts of England and Wales or if you live in Scotland or Northern Ireland by the courts of those countries if you choose them in writing.
16. Contact Us
If you have any questions relating to these Terms and Conditions, your rights and obligations arising from these Terms and/or your use of the Site and the Service or any other matter, please contact us at Genle Ltd, The Hall Barn, Church Lane, Lewknor, Oxon, OX49 5TP.