Terms and Conditions

These Terms set out and govern the obligations of Homebuyer Online Limited (“Homebuyer Online”) to you and your obligations to Homebuyer Online in relation to your use of the Website.

Please read these Terms carefully. By checking the tick box marked “I Accept” You agree to be bound by these Terms. If you do not accept these Terms you will not be provided with the Services and access to the Homebuyer Online Products which include the RICS Homebuyer Report/RICS Condition Report/Premium Building Survey.

You are advised to print and retain a copy of these Terms for your future reference.
1.

Definitions

“Account” shall have the meaning set out in clause 2.2;

“Appointed Surveyor” means the Surveyor who shall provide you with the Surveyor Services and the Homebuyer Online Products, and who for the avoidance of doubt is a member of the Royal Institution of Chartered Surveyors;

“Confirmation Email” has the meaning set out in clause 2.3;

“Documentation” means, collectively, the following documents: “Leasehold Properties”, “Choosing between Surveys” and “Description of Service”;

“Fee” means the fee for the provision of the Services and which, for the avoidance of doubt, shall consist of the Homebuyer Online Fee and the Surveyor Fee;

“Homebuyer Online” means Homebuyer Online Limited a company registered in England and Wales with registered company number 07207902 and registered address at 7 Guessens Road, Welwyn Garden City, Hertfordshire AL8 6QW;

“Homebuyer Online Fee” means the fee paid by you to Homebuyer Online in consideration for the Services;

“Homebuyer Online Products” means the report selected by you at point of purchase and produced by the Appointed Surveyor following the provision of the Surveyor Services in respect of the Property;

“Homebuyer Online Services” means the services provided to you by Homebuyer Online, as set out in clause 6;

“Location” means the location by postcode in which the Surveyor offers to provide the Surveyor Services;

“Network” means the electronic communications network used by Homebuyer Online to provide the Services;

“Order” has the meaning set out in clause 2.2;

“Property” means the residential property which you designate during your completion of the Order as the property on which you require a Homebuyer Online Products;

“Quote” means the estimated Fee based on the information which provided by you through your use of the features and functionalities available on the Website;

“RICS” means the Royal Institution of Chartered Surveyors, having its registered address at Parliament Square, London SW1P 3AD;

“Services” means the Homebuyer Online Services and the Surveyor Services;

“Standard Terms of Engagement” means the terms and conditions on which you enter into an agreement for the supply of Surveyor Services with the Appointed Surveyor and which shall be substantially in the form set out on the Website;

“Surveyor Fee” means the fee payable by Homebuyer Online for the Surveyor Services as more specifically set out aswww.homebuyeronline.co.uk

“Surveyor Services” means the execution of the survey and any other associated services required for the creation of the Homebuyer Online Products and more particularly set out in the Standard Terms of Engagement;

“Website” means www.homebuyeronline.co.uk or any other unique resource locator notified to you by Homebuyer Online from time to time.

2

Preliminary Requirements and Order Process

2.1

If you register to use the Services, you hereby warrant that you:

2.1.1

are at least 18 years of age; and

2.1.2

have the right, authority, and capacity to enter into and to be bound by these Terms.

2.2

Subject to your compliance with clause 2.1, you may register with Homebuyer Online to place an order (“Order”) to use the Services by completing the online form available on the Website, and paying the Fee in accordance with clause 7.

2.3

Upon receipt of your online form and having processed the payment of your Fee, Homebuyer Online shall send you an email (“Confirmation Email”) confirming the Fee payable, and the placement of your Order. The Confirmation Email shall also include instructions on how you may access your account with Homebuyer Online (“Account”).

2.4

If you do not register as a User you will not be able to purchase the Services and will only have access to the Quote and other non-payable features and functionalities on the Website.

3

Contract Formation

3.1

Your contract with Homebuyer Online shall commence on the date of the Confirmation Email.

3.2

Homebuyer Online reserves the right at its sole and absolute discretion and for any reason to refuse access to the Website and use of the Services, to you. In the event that Homebuyer Online does refuse and/or is unable to provide you with the Services, Homebuyer Online shall contact you using the email address registered to your Account.

4

Consent

4.1

You acknowledge and agree that the provision of certain parts of the Services by Homebuyer Online to you requires Homebuyer Online to provide your information, including but not limited to the information contained in your Order to third parties such as the Appointed Surveyor. You hereby expressly consent to Homebuyer Online providing such information including any other information necessary for the provision of the Services to the Appointed Surveyors and/or any other third parties.

5

Your Obligations

5.1

You shall provide to Homebuyer Online all correct, accurate and complete information necessary for Homebuyer Online to provide you with the Services and the Homebuyer Online Products.

1

You shall not at anytime during the duration of these Terms:

1

use the Website, including the Services, for any improper unlawful or fraudulent activity, and shall at all times comply with all applicable laws and legislations in your use of the Services and the RICS Homebuyer ReportHomebuyer Online Products; and

2

use the Services to commit a criminal act or to cause nuisance or annoyance or inconvenience or harassment to others; and

3

re-sell the Services and/or the Homebuyer Online Products, promote the Services and/or the Homebuyer Online Products for resale or engage in any similar activities.

2

You shall at all times:

1

promptly inform Homebuyer Online if you receive any notice that or have reason to believe that your use of the Services (a) contravenes with the applicable law and legislation; or (b) infringes the rights of any third party; and

2

comply with all instructions and recommendations provided to you by Homebuyer Online in respect of the Services and/or your use of the Website; and

3

inform Homebuyer Online and the Appointed Surveyor in the event that any information that you have provided to Homebuyer Online is incomplete, has changed or is inaccurate.

3

Upon receipt of the Appointed Surveyor’s details you shall enter into a separate contract with the Appointed Surveyor for the provision of the Surveyor Services on the Appointed Surveyor’s Standard Terms of Engagement.

4

You shall also be solely responsible for liaising with the Appointed Surveyor in the event of any delays caused by you in respect of the provision of the Surveyor Services including but not limited to delays in giving the Appointed Surveyor access to the Property. You agree that Homebuyer Online shall not in any way be liable for any delays in the provision of the Surveyor Services arising out of your non-compliance with this clause 5.6.

5

Homebuyer Online’s Obligations

1

In consideration for the payment of the Fee by you and subject to your compliance with these Terms, Homebuyer Online shall provide you with the Homebuyer Services.

2

The Homebuyer Services shall comprise of the following:

1

use of and access to the your Account, the Homebuyer Online Products and the Website;

2

allocation of your Order to an Appointed Surveyor in or within the Location of the Property and notification of your contact details to an Appointed Surveyor who has accepted the Order;

3

notification to you by Homebuyer Online of the details of the Appointed Surveyor who shall provide you with the Surveyor Services;

4

provision of the Documentation either through your email as set out in your Account or by providing you a link to these Documentation on the Website;

5

of the Homebuyer Online Products in your Account at the end of five (5) working days from the date of the Confirmation Email, subject to clauses 5.6, and 10.6; and

6

access to other features and functionalities on the Website from time to time.

3

Homebuyer Online may from time to time add, modify, suspend or cease (temporarily or permanently) the provision of any element of the Services upon notice to you through your use of the Website.

6

Payment Terms

1

Homebuyer Online shall use its reasonable endeavours to procure that the Quote provided to you is accurate and correct at all times. However, you acknowledge and agree that the provision of the Quote is solely dependent on the information provided by you in respect of the Property. Consequently, Homebuyer Online does not guarantee that the Quote is the definitive Fee payable by you when you register and pay for the Services.

2

The Fee payable by you shall be set out in the Order form and shall be correct at the time you place and pay for the Order.

3

All Fees shall be due and payable in advance during your registration process with Homebuyer Online.

4

All Quotes and Fees quoted on the Website shall be inclusive of VAT (or its successor tax) which shall be set out separately in the Order form.

5

If Homebuyer Online is unable to process payment of the Fees using the accepted method of payment set out on the Website, you shall be notified of the same and shall not have access to the Services.

7

Cancellation and Refunds

1

You hereby agree and consent to the immediate commencement of the performance of the Homebuyer Online Services such that on payment of the Homebuyer Online Fee, you can immediately access the Homebuyer Online Services using the Website.

2

Subject to clauses 8.1 and 8.2, you may cancel the provision of the Surveyor Services at any time up to the commencement of the Surveyor Services by the Appointed Surveyor. All such cancellations shall be subject to the Standard Terms of Engagement between you and the Appointed Surveyor. Once the Appointed Surveyor has commenced the provision of the Surveyor Services, you shall not be able to cancel the Surveyor Services and shall not be entitled to a refund of the Surveyor Fees.

8

Termination of the Service

1

Homebuyer Online may suspend and/or terminate the provision of the Services to you in whole or in part with notice, such notice to be given using the details provided in your Account:

1

if Homebuyer Online believes that you have failed to comply with one or more of these Terms; or

2

if you have failed to remedy any such non-compliance as set out of these Terms within a reasonable period required by Homebuyer Online and notified to you; or

3

if Homebuyer Online believes that you have provided Homebuyer Online with any false or misleading information in respect of and/or in order to procure the Services; or

4

if the Network owner ceases to make the Network available to Homebuyer Online; or

5

if Homebuyer Online is unable to provide the Services for any reason whatsoever.

2

Upon the termination of the Services in accordance with clause 9.1, Homebuyer Online shall immediately stop providing you with the Services.

3

Clauses 1, 9.2, 9.3, 10, 12 and 13 shall survive the termination of these Terms however arising.

9

Warranties and Liability

1

You hereby warrant that:

1

you shall use the Services and the Website in compliance with all applicable law and legislation;

2

you shall enter into a Standard Terms of Engagement with the Appointed Surveyor promptly upon receipt of the Appointed Surveyor’s contact details from Homebuyer Online and in any event, prior to the commencement of the Surveyor Services; and

3

you shall comply with the provisions set out in these Terms.

2

All warranties, representations, guarantees and terms other than those expressly set out in these Terms whether express or implied are hereby expressly excluded to the fullest extent permissible by law.

3

Homebuyer Online relies on other service providers including but not limited to the Appointed Surveyors, network providers, data centres and telecommunication providers to make the Services and the Website available to you. Whilst Homebuyer Online takes all reasonable steps available to it to provide you with a good level of service, Homebuyer Online does not guarantee that the Services provided by it shall be fault free or uninterrupted at all times. Homebuyer Online 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 the Website as a result of Homebuyer Online’s service providers.

4

You acknowledge and agree that the provision of the Surveyor Services shall be between you and the Appointed Surveyor in accordance with the Standard Terms of Engagement. Consequently, Homebuyer Online makes no warranty, representation or guarantee whatsoever including without limitation, as to the accuracy, skill, timeliness, or quality of the Surveyor Services.

5

You agree and accept that the provision of the Homebuyer Online Products on your Account using the Website is reliant on the timeliness for the provision of the Surveyor Services. Therefore Homebuyer Online shall not be liable for any delays arising out of or in connection with you including but not limited to delays arising from your non-availability in arranging for the Surveyor to provide the Surveyor Services on the Property, delay in the Appointed Surveyor gaining access to the Property, delays caused by or arising out of the non-availability of surveyors within the Location, or any other event which is outside Homebuyer Online’s control.

6

Homebuyer Online may display links to third party websites and third party advertising banners on the Website. However, Homebuyer Online shall not be responsible and do not accept any liability for such content and your use of such third party links and advertising banners.

7

To the extent permitted by law, Homebuyer Online expressly excludes:

1

all conditions, warranties and other terms whether expressed or which might otherwise be implied by statute or common law;

2

any liability for indirect or consequential loss which are losses incurred as a side effect of the main loss or damage;

3

loss of profit;

4

loss of income or revenue;

5

loss of anticipated savings;

6

loss of data;

7

loss of good will and reputation;

8

loss of expectation;

9

loss of opportunity;

10

loss arising out of or in connection with wasted management or office time; or

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

8

Nothing in these Terms shall serve to limit or exclude Homebuyer Online’s liability for death or personal injury resulting from Homebuyer Online’s negligence or any liability for fraudulent misrepresentation.

9

Subject to clause 10.9, Homebuyer Online’s maximum aggregate liability to you under, arising from or in connection with these Terms, whether arising in contract, tort (including negligence) or otherwise, shall not exceed the Fees paid by you in the twelve (12) months preceding the event giving rise to liability.

10

In the event you have a claim or right of action against Appointed Surveyors or any other users or third parties in respect of the Services and/or the Website, you agree to pursue such claim or action independently of and without any demands from Homebuyer Online, and you fully and completely release Homebuyer Online from all claim, liability and damages arising from or in any way connected with such claim or action.

10

Privacy Policy

1

Homebuyer Online complies with the Data Protection Act 1998 and all other successor legislation and regulation in the performance of its obligations set out under these Terms. Please click link to view Homebuyer Online’s Privacy Policy.

11

Intellectual Property Rights

1

Homebuyer Online and its licensors own all rights in the intellectual property rights relating to the Website.

2

Save for the provisions set out in 12.3 you are expressly prohibited from:

1

reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, any images, articles and write-ups made available on the Website; and

2

removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Homebuyer Online and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Homebuyer Online or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Homebuyer Online.

3

Homebuyer Online grants to you a limited, non-exclusive, perpetual licence to view, copy, and download and use the Homebuyer Online Products.

12

General

1

If Homebuyer Online fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.

2

A waiver by Homebuyer Online of any default shall not constitute a waiver of any subsequent default.

3

No waiver by Homebuyer Online of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

4

All notification and communication to Homebuyer Online should be sent to the contact details in clause 14 as updated from time to time and made available to you on the Website.

5

If any of these Terms are 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 shall continue to be valid to the fullest extent permitted by law.

6

These Terms represent the entire agreement between you and Homebuyer Online in respect of your use of the Website, for the express avoidance of doubt, your agreement with the Appointed Surveyor for the provision of Services shall not be covered by this agreement, and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

7

You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between us except as expressly set out in these Terms.

8

These Terms are governed by and construed in accordance with the law of England and Wales. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms.

9

This Website and the Services available through it are intended for use by residents of England and Wales if you live outside England and Wales, the application of the law of England and Wales shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (“Local Law”). In the event English and Welsh law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

10

Homebuyer Online reserves the right to modify these Terms at any time. Any changes Homebuyer Online may make to this document in the future will be notified and made available to you using the Website.

13

Contact Details

1

If you have any questions or queries about these Terms please contact Homebuyer Online by email to info@homebuyeronline.co.uk or post to Homebuyer Online Limited, 7 Guessens Road, Welwyn Garden City, Herts, AL8 6QW..

2

If you wish to make a complaint about the Website or to report abuse of the Website please contact Homebuyer Online by email to info@homebuyeronline.co.uk or post to Homebuyer Online Limited, 7 Guessens Road, Welwyn Garden City, Herts, AL8 6QW.