TERMS AND CONDITIONS
Version number: [version 1.0.]
Effective date: [02 Feb 2023]
1. Who we are
1.1 We are Property-Score Limited. Our company information is at the end of this
document.
2. What this is all about
2.1 These are our terms and conditions which apply to our Service (explained below).
They’re available in English only. We’ve tried to make them user-friendly but please
note that the summaries/explanations for each section in capitals aren’t a substitute
for the rest of the text. Please read the entire document carefully and contact us if
anything is unclear. Please save a copy as we don’t file a copy specifically for the
transaction with you.
3. Some definitions
THIS SECTION TELLS YOU WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED
WITH A CAPITAL LETTER IN THIS DOCUMENT
“Consumer” - an individual acting for purposes which are wholly or mainly
outside that person’s trade, business, craft or profession.
“Content” - all information of whatever kind displayed stored or sent on or
in connection with our Service, and including reports or other outputs based
on your use of the Service or generated for your benefit including property
scores and data packs.
“Service” –our website, our Web App and any related services.
“Web App” - the “Property Score web app
“User” - people or organisations using our Service (whether or not
registered with us).
4. How you enter a legal contract with us
THIS SECTION TELLS YOU HOW AND WHEN YOU BECOME LEGALLY BOUND BY A
CONTRACT WITH US
4.1 By registering on our Web App, you enter into a legal contract with us.
4.2 We reserve the right in our discretion for any lawful reason to refuse any request to
use our Service.
4.3 By accessing any part of our Service that does not require registration/payment, you
are also bound by these terms to the extent they are relevant.
5. Consumer legal right to cancel (“cooling off”)
IN SHORT: CONSUMERS MAY HAVE THE RIGHT TO GET OUT OF THE CONTRACT
WITHIN THE FIRST 14 DAYS
5.1 If you are a Consumer, you may have the legal right to cancel this contract within 14
days of the start of the contract if you comply with the requirements explained in
the Annex at the end of this document.
5.2 However, you lose the right to cancel where the supply of digital content began
before the end of the cancellation period with your specific agreement, and you
agreed (when registering) that your right to cancel would be lost in such case.
6. Changing these terms and conditions
IN SHORT: WE CAN CHANGE THESE TERMS BUT YOU MAY HAVE CERTAIN OPTIONS IF
YOU DISAGREE
6.1 We may change these terms and conditions at any time. We will give you reasonable
notice before they take effect by posting them on our website and/or
communicating them to you by email or otherwise.
6.2 If you don’t agree to the new terms, you can contact us via the contact form on our
website to end this contract on the day before the new terms take effect.
7. Your right to use our Service
THIS SECTION SETS OUT CERTAIN LIMITS ON YOUR RIGHT TO USE OUR SERVICE
7.1 We grant you a limited personal non-transferable right to use our Service on any
applicable device owned or controlled by you subject to these terms and conditions.
7.2 You must not use, or attempt to register on, our Service if you are below 18 years of
age.
7.3 You may only use any trial period for the purpose of a genuine assessment of the
Service. You must not attempt to use the Service for more than one trial period. We
can cancel your trial if we find that you have had access to a previous one.
8. Standard of Service
THIS SECTION SETS OUT THE LEGAL STANDARD OF SERVICE THAT WE PROMISE YOU
8.1 Subject to the rest of these terms, we agree to provide our Service with reasonable
skill and care.
9. Behaviour when using our Service
THIS SECTION SETS OUT THE BEHAVIOUR AND OTHER REQUIREMENTS TO USE OUR
SERVICE
9.1 You agree not to do any of the following in connection with our Service:
break the law or infringe anyone else’s rights;
send, store, display or link to unlawful, infringing or otherwise inappropriate
Content;
deceive or mislead anyone;
send, store, display or link to any Content that includes someone else’s
personal information unless that person is 18 years or over and you have
obtained their written consent or you are otherwise legally allowed to do so
(e.g., as parent/guardian);
use our Service to help you compete with us or to infringe our rights;
disrupt our Service, e.g., spam, viruses, ransomware, malware or phishing;
interfere with or damage our Service or gain unauthorised access to any part
of our system, data, passwords or otherwise;
intercept or modify communications;
impose an unreasonable load on our Service;
deliberately exploit any bugs;
get around any security features including those designed to stop copying of
Content; or
attempt, encourage or assist any of the above.
9.2 You agree to:
comply with the guidance/requirements on our Service; and
cooperate reasonably with us in relation to our Service.
9.3 You agree to ensure that any contact or other information that you supply to us is
accurate and not misleading and you will tell us if there are any important changes.
We are not responsible for checking or updating your contact information even if we
have reason to think that it is wrong or out of date (e.g., because our email is
returned).
10. Your Content
THIS SECTION CONTAINS CERTAIN PROMISES BY YOU REGARDING YOUR CONTENT
AND GIVES US SOME RIGHTS INCLUDING TO REMOVE/DELETE/DISCLOSE THE
CONTENT IN CERTAIN CIRCUMSTANCES
10.1 You are responsible for your Content.
10.2 You agree that you have (and will keep) all rights needed to enable us to use your
Content as contemplated by the Service and these Terms & Conditions.
10.3 If you use any features on our Service which enable you to share your Content from
our Service with other sites, we are not responsible for use of this Content on those
sites.
10.4 We are entitled (without telling you or giving you a refund) to reject, suspend, alter,
remove or delete Content or to disclose to the police or other relevant authorities or
to a complainant any Content or behaviour if it is the subject of complaint or where
we have reason to believe that it breaches our Terms & Conditions, or that such
steps are necessary to protect us or others, or that a criminal offence may have been
committed, or where required by law or where requested by the police or other
appropriate authorities or companies who provide relevant services to us.
10.5 It is your responsibility to make your own frequent backups of Content if you want
protection if it is lost or damaged. We are not responsible for loss or damage that
could have been avoided if you had made a backup (but this doesn’t affect our
duties under data protection laws).
10.6 Uninstalling the App may result in deletion of all Content on your device.
11. Other peoples’ services / advertising / websites
IN SHORT: WE AREN’T RESPONSIBLE FOR ADVERTISING ETC BY OTHER PEOPLE ON
OUR SERVICE
11.1 We may display advertising and/or links to other websites and/or introduce you to
other people’s services (and we may receive an introduction or other fee for this).
We do not recommend or endorse, nor are we legally responsible for, any of these.
You may choose to visit or use them at your own risk.
12. If you create an account on our Service
IN SHORT: YOU ARE RESPONSIBLE FOR YOUR ACCOUNT AND MUST KEEP IT
CONFIDENTIAL
12.1 Unless otherwise specifically stated on our Service, your account is for your personal
use only and is non-transferable. You agree not to allow anyone else to use your
account.
12.2 You agree to take reasonable care to keep your login information confidential and to
tell us immediately of any apparent breach of security such as loss or misuse of a
password. You are responsible for unauthorised people who use your account or
identity (unless and to the extent that we are at fault).
13. Paying us
THIS SECTION COVERS YOUR PAYMENT OBLIGATIONS
13.1 Payment is in advance. Prices and payment methods are as explained on our Service.
The prices shown include any applicable VAT or other sales tax unless we say
otherwise.
13.2 Unless we say otherwise on the App, the property scoring and data pack generation
facilities will only be available for use within 12 months of purchase.
13.3 If we have mispriced any part of our Service, we are not obliged to supply the
Service at that price provided we notify you. If we do notify you, then you can decide
if you want to continue with the Service at the correct price.
13.4 You authorise us and our payment provider to place a hold on, or charge, your
payment card for the relevant amounts or otherwise take payment whenever
payments are due in accordance with this agreement. It is your responsibility to
update your payment card details as necessary.
13.5 You must contact us using the form on our website immediately with full details if
you dispute any payment. (On this form, you should select ‘Customer support’ from
the drop-down menu.)
13.6 You agree that you are legally bound by the terms and conditions of any payment
providers whose services you use on our Service. We aren’t responsible for what
they do or don’t do.
14. Discount codes
THIS SECTION TELLS YOU HOW YOU ARE ALLOWED TO USE DISCOUNT CODES ON
OUR SERVICE
14.1 You can only use codes to make purchases through the account for which the
discount code was offered and registered. You must not sell or transfer codes to
anyone else.
14.2 Unless we say otherwise: codes expire after 30 days, they can only be used once for
future new orders placed online and you can only use one discount code per
transaction.
14.3 We may suspend or cancel codes and/or cancel any relevant purchase and/or close
any relevant account if we think that the codes have been used fraudulently, illegally
or in breach of our Terms & Conditions or if a relevant payment is charged back or
otherwise cancelled or reversed.
14.4 Codes are subject to any additional specific terms and conditions which are specified
at the point of issue. We reserve the right to discontinue or otherwise modify any
discount codes at any time without prior notice.
15. Support
THIS SECTION SETS OUT THE AMBIT OF OUR SUPPORT SERVICE, IF APPLICABLE
15.1 The Service includes support only if we opt to provide support and, if so, by the
specified contact methods. Any support service is only intended to address
configuration and proper use of, or any errors or interruptions arising from, our
Service.
15.2 Unless we say otherwise, any support that we do opt to provide is only available by
completing the “Contact us” form on our Service and receiving a ticket number. You
can expect a reply only between 9am and 5pm on business days in England and we
do not guarantee any particular response times or outcomes. Any response times
given are calculated in English business hours/days unless we say otherwise. We are
allowed to change or withdraw our support service at any time. We may provide you
with an estimated timeframe within which we aim to reply to your support queries.
This timeframe will be adjusted by us based on the quantity of queries received.
15.3 In any event, we aren’t obliged to supply support if you owe us any money or have
otherwise broken this contract.
16. Ending or suspending this contract
THIS SECTION TELLS YOU WHEN THIS CONTRACT CAN END OR BE SUSPENDED AND,
IF SO, WHAT HAPPENS
16.1 You are entitled to end this contract at any time by deleting your account as
explained on our Service. (This doesn’t entitle you to a refund unless you have
Consumer “cooling off” rights, explained above.)
16.2 We are entitled to end this contract or suspend part or all of our Service or impose
restrictions on our Service if:
you break this contract;
any fees payable by you are unpaid or charged back;
acting reasonably, we think that it is necessary to protect you, us or others;
we are required to do so by applicable law or regulation or to comply with
an order, instruction or request from a competent authority; or
you or anyone on your behalf acts inappropriately towards us or our staff or
agents.
16.3 We are entitled at any time to end this contract:
if your account has been inactive for at least 36 months or any alternative
period we decide; or
we terminate our Service as a whole if in our reasonable opinion it is
necessary to do so for security, technical or operational reasons.
16.4 If this contract ends:
Your right to use our Service and all licences are terminated.
We are allowed to delete your Content without telling you (including your
property scores and data packs).
Existing rights and liabilities are unaffected.
All terms in this contract that are stated or intended to continue after
termination will continue to apply.
17. Our guidance
IN SHORT: YOU RELY ON OUR GUIDANCE AT YOUR OWN RISK
17.1 Our Service may provide you with automated guidance in certain circumstances, for
example on steps to take in relation to a property based on its score. We do not
guarantee that such guidance is necessarily appropriate for you or that it is accurate
or up to date and we do not accept legal responsibility for it. Before acting on such
information, you must make your own appropriate and careful enquiries including as
to its accuracy and suitability for your purposes. The information is not intended as
professional or other advice and is not tailored to your personal circumstances. Nor
is it intended to be a substitute for possession of an appropriate level of training,
qualifications, skill and experience in the matters covered. You rely on such
information at your own risk.
18. If our Service doesn’t work properly
IN SHORT: WE DON’T PROMISE THAT OUR SERVICE WILL BE ERROR-FREE
18.1 We do not guarantee that the Service will be uninterrupted or error-free.
18.2 We are entitled without notice and without liability to suspend the Service for
repair, maintenance, improvement or other technical reason. Where possible, notice
of any maintenance will be shown on the Property Score website or Web App.
19. Restrictions on our legal responsibility – very important
THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES
YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE
CONTRACT
19.1 Nothing in this agreement in any way limits or excludes our liability for negligence
causing death or personal injury or for fraud or fraudulent misrepresentation or for
anything which may not legally be excluded or limited. In this section, any reference
to us includes our officers, employees, sub-contactors, and agents, who have the
right to enforce this agreement.
19.2 If you are a Consumer, subject to the above we shall not be liable for any loss or
damage where:
there is no breach of a legal duty owed to you by us;
such loss or damage was not reasonably foreseeable (meaning it was not an
obvious consequence of our breach or not contemplated by you and us at
the time we entered into this contract);
(and to the extent that) such loss or damage is your fault, for example by not
complying with this agreement; or
such loss or damage relates to a business of yours.
19.3 If you are a Consumer, you will be responsible to us for any reasonably foreseeable
loss or damage we suffer (including claims made by other people) resulting from
your breach of this agreement or misuse of our Service.
19.4 The following clauses apply only if you are not a Consumer (e.g., you are a business):
To the fullest extent allowed by law, you and we exclude all terms,
conditions, warranties and representations howsoever arising, whether
imposed by statute or by law or otherwise, that are not expressly stated in
this agreement.
Subject to the first paragraph in this section (starting “Nothing in this
agreement…”), we shall under no circumstances whatever be liable under or
in connection with this agreement, whether in contract, tort (including
negligence), misrepresentation, breach of statutory duty, or otherwise, for
any:
- loss of profit; loss of data; loss of use; loss of production; loss of
contract; loss of opportunity; loss of savings; or harm to reputation or
loss of goodwill; or
- indirect, consequential or special losses.
Subject to the first paragraph in this section (starting “Nothing in this
agreement…”), our total liability in respect of all other losses arising under
or in connection with this agreement whether in contract, tort (including
negligence), misrepresentation, breach of statutory duty, or otherwise, for
any act or omission or series of connected acts or omissions shall in no
circumstances exceed the total fees paid or payable by you to us in
connection with our Service in the 12 months before the first act or omission
complained of.
You agree to fully indemnify us against all claims and liabilities arising out of
or in connection with your use of the Service and/or breach of this
agreement (except insofar as we are at fault).
This agreement constitutes the entire agreement between us with respect
to its subject matter and supersedes any previous communications or
agreements between us. We both acknowledge that there have been no
misrepresentations and that neither of us has relied on any pre-contractual
statements.
20. Intellectual property rights (IP)
THIS SECTION CONFIRMS THAT WE REMAIN OWNER OF COPYRIGHT AND OTHER IP
RIGHTS IN OUR CONTENT AND SETS OUT HOW WE ALLOW YOU TO USE IT
20.1 We and/or our partners own the IP in all Content used on or in connection with our
Service including property scores and data packs.
20.2 You may view our Content on your device for your private personal, non-
commercial, and (if you are a business) your internal business, use only. Except to
the extent that these terms or the functionality of our Service (e.g., sharing buttons)
specifically allow you to, you must not otherwise use any part of our Content
including by copying, publishing (on the Internet or otherwise), selling or altering it,
taking extracts from it or passing any of it on to other people, unless we give you
clear written permission. You must not misrepresent the ownership or source of our
Content, for example by changing or removing any legal notices or author
attributions.
20.3 Just to be clear - you must not collect, scrape, harvest, frame or deep-link to our
Content (whether for machine-learning or otherwise) without our specific prior
written consent.
21. Your personal information
IN SHORT: OUR PRIVACY POLICY APPLIES
21.1 You agree that we can deal with your personal information in accordance with our
Privacy Policy [PLEASE INSERT LINK] which may change from time to time.
22. Things we can’t control
IN SHORT: WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”
22.1 We are not liable for failure to perform or delay in performing any obligation under
this agreement if the failure or delay is caused by any circumstances beyond our
reasonable control including third party telecommunication failures,
epidemics/pandemics.
23. Transferring this contract to someone else
IN SHORT: WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR
PERMISSION TO DO LIKEWISE
23.1 We may transfer all or part of our rights or duties under this agreement provided we
take reasonable steps to ensure that your rights under this agreement are not
prejudiced. As this agreement is personal to you, you may not transfer any of your
rights or duties under it without our prior written consent.
24. English law and courts
IN SHORT: ENGLISH LAW APPLIES AND ONLY UK COURTS CAN ADJUDICATE ON
DISPUTES
24.1 This contract is under English law and any disputes will be decided only by the courts
of the United Kingdom. If you are a Consumer, you will benefit from any mandatory
provisions of the law of the country in which you are resident. Nothing in these
terms and conditions affects your rights as a Consumer to rely on such mandatory
provisions of local law.
25. General
HERE ARE SOME FINAL BUT IMPORTANT POINTS THAT APPLY
25.1 We may send all notices under this agreement by email to the most recent email
address you have given us. You can contact us via the contact form on our website.
Headings used in this agreement are for information and not binding. If any part of
this agreement is ineffective or unenforceable for any reason, the rest of the
agreement will still apply. If either of us overlooks any breach of this agreement by
the other, it can still be actioned later. A person who is not a party to this agreement
can’t enforce it unless the agreement says otherwise. The parties are independent
contractors and, except as otherwise specifically stated above, nothing in this
agreement makes any party an agent, employee or representative of the other.
26. Complaints
26.1 If you have any complaints, please request our complaints procedure via the contact
form on our website.
27. Information about us
27.1 Company name: Property-Score Limited
27.2 Trading name: “Property Score”
27.3 Country of incorporation: England and Wales
27.4 Registered number: 13169826
27.5 Registered office and contact address: 35 Belsize Lane, London, England, NW3 5AS
27.6 Other contact information: See our website/contact page
ANNEX – COOLING OFF
YOUR LEGAL RIGHT TO CANCEL
The following applies only if you are a Consumer and have the legal right to cancel this
contract (as explained above).
Right to cancel
1. You have the right to cancel the contract within 14 days without giving any reason.
2. The cancellation period will end after 14 days from the day when we enter a legal
contract with you, i.e., by registering on our Web App.
3. To exercise the right to cancel, you must tell us Property-Score Limited, 35 Belsize
Lane, London, England, NW3 5AS (you can use the contact form on our website) email
address above) of your decision to cancel the contract by a clear statement (e.g., a letter
sent by post or using our contact form). You may use the model cancellation form below, but
you don’t have to.
4. To meet the cancellation deadline, you must send your communication telling us you
want to cancel before the cancellation period ends.
Effects of cancellation
5. If you cancel the contract, we will refund to you all payments received from you.
6. The refund will be made without undue delay, and no later than 14 days after the
day we receive your notice to cancel the contract.
7. The refund will be made using the same means of payment you used for the initial
transaction, unless you expressly agreed otherwise; in any event, you will not incur any fees
as a result of the refund.
8. If you ask us to start performing the services during the cancellation period, you
must pay us an appropriate proportion of the payment to cover services performed until the
point when you tell us you want to cancel the contract.
MODEL CANCELLATION FORM
Complete and return this form only if you wish to cancel the contract:
— To Property-Score Limited, 35 Belsize Lane, London, England (you can use the contact
form on our website):
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the
following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
[*] Delete as appropriate
and then choose "Add to Home Screen"