Terms and Conditions of Use
OurProperty.co.uk is a website owned and operated by Fubra Limited, a company registered in England and Wales No. 03967214 whose registered office, as well as trading and correspondence address, is Manor Coach House, Church Hill, Aldershot, Hampshire, GU12 4RQ.
By using this Site whether as a subscriber, a visitor or otherwise, or by using any of the services contained within the Site including but not limited to logging in, accessing a webpage, performing a search you must accept these terms and conditions of use.
Definitions and Terms of Contract
In these Terms and Conditions the following words and phrases will have the meanings set out below:
'Content' means content, data, maps and information which form part of or are included in the Products, including without limitation, Content provided by Data Providers;
'Customer' means the party to which the goods are to be supplied or service rendered by the supplier. May also be referred to as the 'User'.
'Data Provider' means any third party supplier providing maps, data or information directly or indirectly to the Supplier.
'Intellectual Property' means any patent, copyright, registered design rights, service marks, moral rights, data protection rights, know-how, trade mark or other intellectual property rights held by the Supplier or any Data Providers and contained in the Products;
'Order Form' means any standard order form(s), in printed or electronic form, produced by or on behalf of the Supplier.
'Reverse Engineer' means to dismantle a computer program, product or algorithm in order to determine how it works.
'Product' means any product or service provided to Purchaser by Supplier or a Data Provider, pursuant to an Order Form, and includes the Content and any report, service, document, information or data contained in such product or service prepared solely for the purpose of evaluating a residential property for private residential use.
'Purchaser' means the contracting party or parties whose details appear on the Order Form;
'Site' means any of the images, written material, databases or other material available at the internet address "www.ourproperty.co.uk"
'Supplier' for the purposes of these conditions means Fubra Limited, a Company registered in England, and the party to which the goods are to be supplied or service rendered by the supplier is referred to as the 'the Customer'.
All copyright, database rights and other intellectual property rights in all the material which comprise the Service including but not limited to design, structure, layouts, graphical images and underlying software code (collectively the "Content") belongs to OurProperty.co.uk or its licensors. All rights are reserved, except for the limited licensed rights expressly granted below.
The Customer acknowledges that, except as otherwise agreed between the parties in writing, copyright and all other intellectual property rights in the Service shall remain with OurProperty.co.uk or third party owner of such rights. The Customer shall have and shall gain no rights of ownership therein.
N.B This site is subject to restrictions imposed by The Land Registry and Registers of Scotland.
The Land Registry have licensed OurProperty.co.uk to use information held on the Land Register in a range of products and services in accordance with the following conditions:
(a) Permitted Use.
Viewers of this Information are granted permission to access this Crown copyright material and to download the Crown copyright material onto electronic, magnetic, optical or similar storage media provided that such activities are for private research, study or in-house use only. Any other use of the material requires the formal written permission of Land Registry which can be requested from Land Registry at Lincoln's Inn Fields, London, WC2A 3PH.
(b) Restricted Use.
Viewers must not copy, distribute, sell or publish any Crown copyright material.
The Registers of Scotland have licensed OurProperty.co.uk to use information held on the Land Register of Scotland in a range of products and services in accordance with the following conditions:
(a) Permitted Use.
Viewers of this Information are granted permission to access this Crown copyright material and to download the Crown copyright material onto electronic, magnetic, optical or similar storage media provided that such activities are for private research, study or in-house use only. Any other use of the material requires the formal written permission of the Registers of Scotland which can be requested from Registers of Scotland at Meadowbank House, 153 London Road, Edinburgh, EH8 7AU.
(b) Restricted Use.
Viewers must not copy, distribute, sell or publish any Crown copyright material.
1.1 Although portions of OurProperty.co.uk may be viewed by anyone who visits OurProperty.co.uk you will need to register as a subscriber in order to access some OurProperty.co.uk services.
1.2 You agree and warrant that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete and that you will ensure that this information is kept accurate and up to date at all times.
2. Password and Security
2.1 When you register to use OurProperty.co.uk you will be asked to create a password. It is your responsibility to choose a secure password. You must keep this password confidential and must not disclose it to or share it with anyone. YOU WILL BE RESPONSIBLE for all activities that occur under your password. If you know or suspect that someone else knows your password you should notify us immediately. The supplier will not be responsible for any abuse of passwords.
4. Your use of OurProperty.co.uk
4.1 You alone are responsible for your use of OurProperty.co.uk and the consequences of any such use. By using OurProperty.co.uk you agree to comply with the following guidelines:
(a) OurProperty.co.uk is to be used for your personal use only and the use of OurProperty.co.uk to obtain financial gain is prohibited.
(b) Where the customer is an organisation, limited company or other legal entity, comprising one or more people, each person accessing OurProperty.co.uk must have a subscription if they require access to subscriber information.
(c) OurProperty.co.uk may only be accessed manually. The use of automated agents, robots, or automated software, other than search engine spiders, to view the site is specifically forbidden.
(d) You may not attempt to build a copy of our data or reverse engineer our processes.
(e) Where address information is provided by OurProperty.co.uk on OurProperty.co.uk, in our reports, forms and search results, you may not use such information to contact any party to the reported transaction.
(f) You may use OurProperty.co.uk and any printed reports, for your own research, study or other uses that do not infringe the copyright of OurProperty.co.uk and our licensors. You may not publish or reproduce any part of the data or work derived from the data without our specific prior written permission. Such permission will either be clearly stated on OurProperty.co.uk or may be requested by post or email.
(g) OurProperty.co.uk may not be used to send chain letters, junk mail, 'spam', solicitations (commercial or non-commercial) or bulk communications of any kind.
(h) You must not use OurProperty.co.uk or any part of OurProperty.co.uk in a way that might reasonably be expected to cause the same to be interrupted, damaged, rendered less efficient or which could in any way damage the operation of another's computer.
5. Intellectual Property
5.1 OurProperty.co.uk, its contents and all Rights therein are owned by OurProperty.co.uk (and/or its licensors). "Rights" means copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, anywhere in the world. You acknowledge that (i) OurProperty.co.uk is protected by Rights; (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, these Terms of Service and applicable copyright, trademark and other laws govern your use of such Rights.
5.2 You may view, print, download or temporarily store extracts from OurProperty.co.uk for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any OurProperty.co.uk material or content. You acknowledge that you will not acquire any Rights by downloading or otherwise using any OurProperty.co.uk content or materials.
5.3 By submitting content, which shall include your subscriber name, to any "public area" of OurProperty.co.uk, including message boards, forums, and contests, you grant OurProperty.co.uk a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.
5.4 By submitting content, you also warrant that you are entitled and have all necessary rights to grant the licences stated above. Subject to the foregoing, the owner of such content placed on OurProperty.co.uk retains any and all Rights that may exist in such content.
5.5 The price and sale data provided by OurProperty.co.uk has been purchased and/or derived from data purchased from the Land Registry. OurProperty.co.uk acknowledge that all such data is Crown copyright. The Land Registry permits OurProperty.co.uk the right to use the data, but this right is not transferable to any other subscriber. All use other than specifically stated in these terms of service is excluded.
6. Data Protection
6.1 The supplier may place information concerning the Customer on a computerised directory of internal use only. The supplier will never disclose a Customers details to any third party unless required to by law, unless specifically instructed to the contrary by the Customer.
6.2 In creating interfaces onto the World Wide Web, the supplier enables either unlimited or secure access to information contained within the Customer's premises or computers. It is the responsibility of the Customer to define precisely the degree of security access to be enacted and the supplier denies all liability both legally and for consequential damages and all forms of economic loss should commercial loss or damage occur as a result of unauthorised access to the Customer's computers.
7. Third Party Web Sites, Goods and Services
7.1 OurProperty.co.uk provides links to third party web sites that are not affiliated with OurProperty.co.uk (although OurProperty.co.uk branding, advertisements or links may appear on these sites). We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links or any goods or services available from such sites, and no such representations should be inferred or construed whether from such provision or otherwise.
7.2 All matters concerning any goods and services that you purchase from a third party site, including, without limitation all contract terms are solely between you and the owner of that site and OurProperty.co.uk will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against OurProperty.co.uk with respect to any such sites. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
8 Disclaimer of Warranties and Limitation of Liability
8.1 OurProperty.co.uk is provided on an "as is" and "as available" basis. OurProperty.co.uk expressly disclaims all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.
8.2 You understand and agree that OurProperty.co.uk does not warrant or guarantee the accuracy or completeness of any information in or provided in connection with OurProperty.co.uk. OurProperty.co.uk is not responsible for any errors or omissions or for the results obtained from the use of such information. Whilst OurProperty.co.uk is provided for the general information of the general public, all information is provided on the basis that OurProperty.co.uk, its employees and consultants and its subscribers (while such subscribers are participating in OurProperty.co.uk), are not engaged in rendering legal, financial or other professional services or advice. Data and information in or provided in connection with OurProperty.co.uk should not be relied upon for any commercial or business transaction or investment or for any similar purpose. OurProperty.co.uk strongly advises you to seek appropriate professional advice before entering into any such transaction. Any information is of a general nature and may not necessarily be suitable for any individual purpose.
8.3 OurProperty.co.uk shall not be responsible for any loss or damage caused directly or indirectly, by the information or ideas contained, suggested or referenced on OurProperty.co.uk. Your participation in OurProperty.co.uk is solely at your own risk. No advice or information, whether oral or written, obtained by you from OurProperty.co.uk or through OurProperty.co.uk shall create any warranty not expressly made in these terms of service or imposed by law.
8.4 The Supplier will use reasonable care to provide the Purchaser with an accurate copy of the Supplier's data incorporated within the Product.
8.5The Supplier shall not be liable for any errors or inaccuracies or incompleteness in or reliance on, any data or materials supplied to Supplier by a Data Provider, nor for any errors, inaccurate statement or risk rating in, or reliance on, a Product, which resulted from such data.
9. Application performance
9.1 The Supplier shall use its best endeavours to create computer software products as agreed to be purchased by the Customer and shall offer a warranty as described herein. The supplier warrants that the product delivered to the Customer shall perform according to the logical structure, which enables the processes therein to function correctly. However the supplier denies all liability for the timely operation of the product when used within an Internet environment, where the Customer or third party is providing the computer equipment upon which the product is to reside or depend upon for any part of its functionality.
9.2 By confirmation of contract with the supplier, the Customer specifically confirms his understanding that the timely operation of the Internet and world wide web is governed by constraints beyond the control of either party, and that the supplier is not liable for perceived slow operation of an application written for the Customer, and accepts that from time to time the supplier may offer advice upon amendments which may become necessary to improve the perceived speed of operation.
10. Subscriptions and Refunds
10.1 OurProperty.co.uk offers a free subscription and/or examples which allow you to assess if the services of OurProperty.co.uk are satisfactory for your purpose. This free subscription is at the absolute discretion of the supplier.
10.2 Subscriptions are offered for varying periods of time and may include access to different kinds or amounts of information. Purchase of a subscription allows access to the information when the information is available. It does not guarantee that the website will always be available or that every piece of information will always be available. OurProperty.co.uk will use their best endeavours to ensure that the website and all the information it offers is available and up to date.
10.3 Subscriptions are for the period stated or any part thereof and commence immediately on receipt of payment. No refund will be given for the cancellation or termination of a subscription.
10.4 Due to the digital nature of the subscriptions no automatic right of refund or cancellation exists after a subscription has been purchased by you in accordance with Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000.
10.5 OurProperty.co.uk may refund subscriptions in whole or part at their sole discretion. The exercise of such discretion is arbitrary and shall not establish precedent with regard to a specific customer or any customer.
11. Fair Use Policy
You must not make more than 500 searches on the site in any one week withour our permission.
You must not re-publish any of our content without our express permission.
You may link to our web site and use the imagery provided on http://www.ourproperty.co.uk/links.html.
You may use the free information on our site for your own personal use.
If you are a Property Pros approved member you may use of the data we provide you in your professional capacity.
You agree the data and images contained within our site are property of Fubra Limited.
You will not attempt to reverse engineer or use the funtionality on our site on your own web sites without our permission.
12. Termination & Remedies for Breach of these Terms by You
12.1 Serious Breach
OurProperty.co.uk will be entitled to terminate your subscription or deny you access to OurProperty.co.uk without notice in the event of a serious breach of these Terms and Conditions
12.2 OurProperty.co.uk will be entitled to restrict, suspend or terminate your subscription or deny you access to OurProperty.co.uk or take such other action as OurProperty.co.uk deems appropriate if OurProperty.co.uk determines that you are in breach any of the Terms of Service or OurProperty.co.uk considers in that your use of OurProperty.co.uk is inappropriate or otherwise unacceptable. In such a case two weeks notice will be given.
12.3 The restriction, suspension or termination of our service pursuant to this section will be without prejudice to any rights which OurProperty.co.uk may have against you in respect of your breach of these Terms of Service.
12.4 OurProperty.co.uk shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as OurProperty.co.uk in its sole discretion considers reasonably necessary or appropriate.
13. Force Majeure
Neither party is liable for delay in meeting its obligations due to any cause outside its reasonable control including Acts of God, riot, war, malicious acts of damage, fires, electricity supply failure, Government authority.
14.1 The Purchaser will place an order for a Product by providing the information required on the Order Form or other information required by the Supplier (or its distributor). The Purchaser will pay the Supplier or the Supplier's distributor (as directed by the Supplier) the charge for the Product by credit/debit card at the time of order unless terms are otherwise agreed in writing.
14.2 The Purchaser will provide sufficient information to clearly identify the location upon which information is required.
14.3 The Supplier will treat each order received as an 'offer' in law. If the postcode information supplied by the Purchaser does not indicate an actual property in England & Wales on the Supplier's records then the Supplier may offer the Purchaser an opportunity to substitute a different location or to cancel the order. Subject to the above, the Purchaser is unable under Regulation 10 of the Distance Selling regulations, to cancel the order once the Supplier has commenced to produce a Product in accordance with the Purchaser's order.
14.4 On receipt of the order the Supplier will search its databases to produce the product required by the order form
14.5 The information supplied by the Supplier is updated regularly. The information provided by other Data Providers is updated on various cycles. The Supplier believes its databases will reflect the information available to it at the time of the last relevant update.
15. Trademark Notice
OurProperty.co.uk and the OurProperty.co.uk logo are trademarks of Fubra Ltd.
You agree to indemnify and hold each of OurProperty.co.uk, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of OurProperty.co.uk, the violation of these Terms of Service by you, or the infringement by you, or any other person, of your account, or of any intellectual property or other right of any other person or entity.
17. Interpretation and Jurisdiction
These items shall be construed in accordance with English law and the supplier and the Customer shall submit to the Jurisdiction of the English Courts. Should contradiction occur or be implied with the laws of the European Community, then the parties agree to be bound by the findings of the higher court as shall be defined in statute at the time in English law. Except as provided for herein, and other than where the Customer is a consumer as defined in the Unfair Contract Terms Act 1977, all conditions and warranties in respect of sales by the supplier whether express or applied by common law or by the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 are excluded to the fullest extent permitted by law and the Customers' attention is drawn to this clause.
Should any provision of these terms be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of these terms shall not constitute or be construed as a waiver of such provision or the right to enforce the provision.
19. Absence of Waiver
Any failure or delay by us to enforce strict performance by you of any of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver to any extent of our rights.
20. Right to Assign
OurProperty.co.uk may assign its rights and obligations under these Terms of Service and upon such assignment OurProperty.co.uk shall be relieved of any further obligation under these Terms of Service.
21. Entire Agreement