Terms & Conditions

In these Terms, when the following words with capital letters are used, this is what they will mean:

• Address Data — the property address(es) supplied by you to us when you submit an Order.
• Contract — the contract for the purchase of Services through the Website which is formed in accordance with section 3 below.
• Event Outside Our Control — any act or event beyond our reasonable control including, without limitation, strikes, civil commotion, terrorist attack, war, fire, explosion, storm, flood, epidemic, failure of public or private telecommunications networks, or prohibitions or enactments of any kind on the part of a local authority or a body responsible for the maintenance of records (including the Land Registry, Registers of Scotland, HM Registry and Companies House).
• Intellectual Property Rights — patents, copyright and related rights, trade marks, rights in designs, database rights, rights in confidential information, and all other intellectual property rights, whether registered or unregistered.
• Order — an order for the purchase of Services which you submit to us through the Website using our online ordering system, through a system integration, or by email.
• Search Provider — the third party from whom we obtain Third Party Materials.
• Services — any property search and/or title search or other related services which we make available for purchase through the Website.
• Third Party Materials — any report, search, data, information or materials acquired by us from third parties to be provided to you in connection with the Services from time to time.

2.1. When you order any Services through the Website, through a system integration or by email, these Terms will apply to that Order. By placing an Order you are confirming that you accept these Terms. If you do not accept the Terms, then you will not be able to order any Services.

2.2. If we accept your Order, these Terms will form the basis of the Contract between us. You should save a copy of these Terms for future reference.

2.3. It is your responsibility to ensure that the details of your Order are correct and accurate and that you provide us with all information relevant to your Order. We shall not be responsible for any input errors in your Order.

2.4. We provide a Lender Checker Tool to help users determine whether a product (e.g., regulated search packs) is compatible with their mortgage lender's requirements. However:

• It is your responsibility to ensure that the products you select are appropriate for your transaction and accepted by your lender and conveyancer.
• We do not accept liability for any loss or cost incurred as a result of purchasing a product that is not accepted by your mortgage lender or conveyancer.

If you are unsure about any product or its suitability, please contact us before placing an order.

3.1. When you place an Order through the Website you are offering to buy those Services from us. We will send you a confirmation e-mail shortly after you place your Order. This email is simply confirming receipt of your Order and does not mean that your Order has been accepted.

3.2. We will send you an email with the Services which you requested ("Dispatch Email"). The Dispatch Email is our acceptance of your offer and the Contract between us will only be formed when we send you the Dispatch Email.

3.3. All Services shown on our Website are subject to availability. If we are unable to supply you with the Services we will inform you by e-mail and we will not process your Order.

3.4. No one other than you and us shall have any right to enforce any term of the Contract.

4.1. For the purpose of the Contract, the description and any specification of the Services will be set out in the Order.

4.2. We reserve the right to alter the Services or any relative specifications at any time if we are required to do so by law. In such circumstances we will notify you as soon as practicable by email and will not process your Order until you have confirmed that you wish us to proceed.

5.1. We warrant that we will provide the Services using reasonable care and skill.

5.2. We shall use all reasonable endeavours to meet any performance dates specified in the Order, but any such dates shall be estimates only and time shall not be of the essence.

5.3. You confirm that you have authority to bind any business or individual on whose behalf you use the Website to purchase Services.

5.4. Services ordered by you are deemed to have been instructed by you and you shall be treated as the party responsible for payment for the Services, unless otherwise agreed in writing before the Order is placed.

5.5. If you are ordering the Services for someone else, you agree to ensure that a copy of any report or search provided as part of the Services is provided to that person before the transaction is entered into.

5.6. These Terms and any document expressly referred to in them constitute the entire agreement between the parties and supersede all previous agreements relating to its subject matter.

5.7. In providing search reports and services we comply with the Search Code monitored by the Property Codes Compliance Board (PCCB).

6.1. Prices for the Services are shown on the Website at the time you place your Order, exclusive of VAT (which is charged at the current rate). We do what we reasonably can to ensure that prices are accurate and up to date. If we accept and process your order where a pricing error is obvious and could reasonably have been recognised by you as a mis-pricing, we may end the contract, refund any sums paid and require the return of any search or documentation provided to you.

6.2. Payment is taken at the point of order through our payment provider. Reports are released to you once we have received cleared funds.

Because property searches are bespoke digital reports prepared specifically for your property and supplied immediately on Order, you acknowledge that your right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 is lost as soon as a search is dispatched. We may cancel any Contract (or any part of the Contract) for any reason, in which event we will notify you by email and refund any sums already paid for the affected Services.

8.1. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

8.2. Subject to clause 8.1, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, sales, business or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.

8.3. Subject to clauses 8.1 and 8.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £10 million in relation to Services provided in connection with residential and commercial properties.

8.4. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.

9.1. We only use your personal data, which you provide to us in connection with your Order, as set out in our Privacy Policy.

9.2. We maintain a database of address information (not any personal data) to which we will add the Address Data. We may sell address information contained on that database to third-party marketing companies to be used to issue marketing communications to addresses.

9.3. You confirm that you have obtained the necessary consents from all third parties to enable you to provide us with the Address Data for that use.

10.1. All Intellectual Property Rights in or arising out of or in connection with the Services shall remain in the ownership of the Search Provider and may not be reproduced, transmitted or distributed without our express prior written consent.

10.2. In respect of each report provided under the Contract, we grant a licence to you to use such report, and to pass it to others, in its entirety, in connection with the property transaction for which it was requested. You are not entitled to use any such report for any other purpose or provide it to any third party for any other purpose.

10.3. No licence to use the report shall be granted to you until such time as payment for the Services is made in full.

11.1. The information, materials and opinions contained on the Website are for general information purposes only, are not intended to constitute professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances.

11.2. The Website may contain links to websites operated by third parties. The inclusion of such links does not imply any endorsement or approval of any products, information or services offered on those third-party websites.

11.3. We accept no liability for any claims, penalties, loss, damage or expenses arising from any reliance placed on the content of the Website; the use of or inability to use the Website; or any unauthorised access to or alteration of the Website.

12.1. We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract which are caused by an Event Outside Our Control.

12.2. Each term of these Terms operates separately. If any term is found to be unlawful or unenforceable, the other terms shall remain in full force and effect.

12.3. We may transfer our rights and obligations under a Contract to another organisation but this will not affect your rights under these Terms. You may only transfer your rights or obligations under these Terms to another person if we give our prior written agreement.

12.4. If we have to contact you in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your Order.

12.5. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract.

These Terms are governed by the laws of England and Wales. Any dispute arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales (or, where the property is situated in Scotland, the courts of Scotland).