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The following are the terms and conditions of use of the WTG Associates Limited
website at www.wtgassociates.com (“Our Site”) for our supply of any commissioned
standard home information pack (“Home Information Pack”) and/or any of the Authorised
Documents, as defined in clause 2.1.2 below, for the residential property that you
specified to us. By using our site and/or ordering a Home Information Pack and/or
any Authorised Documents, you agree to be bound by these terms and conditions. If
you do not agree to these terms and conditions, please do not use Our Site.
1. OUR DETAILS
1.1 WTG Associates Limited (“we”) are registered in England (company number 06156162)
with trading address at 1 Elmfield Park, Bromley, Kent BR1 1LU and VAT registration
number TBC. We are the operator of the site www.wtgassociates.com.
2. HOME INFORMATION PACK
2.1 Subject to these terms and conditions, we will supply you with the following:
2.1.1 Standard Home Information Pack
a) Index of Documents
b) Energy Performance Certificate;
c) Sale Statement;
d) Local Authority Search
e) Water Search
f) Evidence of Title
g) New Homes Warranty (new build/converted properties)
h) Leasehold Documents (lease, landlord details etc.)
f) Index Map Search (unregistered land)
and/or
2.1.2 Authorised Documents [which, subject to clause 3.1 below, you may order separately
(without the need to order a standard home information pack) or which you may order
in addition to ordering our standard home information pack, as described in clause
2.1.1 above] (“Associated Services”)
a) All of the standard documents as described in clause 2.1.1 above
b) Home Condition Report
c) Home Use Form
d) Home Contents Form
e) Additional Searches
f) Warranties, Guarantees and Insurance Policies
g) Copies of Building Regulations and Planning Applications
2.2 Please note that we will only provide Home Information Packs in respect of properties
situated in England and Wales.
3. OUR AGREEMENT WITH YOU
3.1 We will provide you with a cost-quote prior to you placing an order. Once Your
Information and Our Price have been agreed between us, and you have accepted these
terms and conditions in writing, we will arrange for completion of a Home Information
Pack for you and/or any Associated Services, subject to clause 3.2 below.
3.2 After placing an order with us, commissioning a Home Information Pack and/or
any Associated Services, we will send you an e-mail acknowledging that we have received
your order. We will regard your order as your offer to us to buy a Home Information
Pack and/or any Associated Services. All orders are subject to acceptance by us
and we reserve the right to refuse to accept your order for a Home Information Pack
and/or any Associated Services. If we accept your order, we will send you an e-mail
confirming that we have accepted your order for a Home Information Pack and/or any
Associated Services (“Acceptance”). The agreement between us (“Agreement”) will
only become of full force and effect when we send you our Acceptance.
3.3 In the event that you place an order to commission a Home Information Pack and/or
any Associated Services through our site, you warrant that: (a) you are legally
capable of entering into binding contracts; and (b) you are at least 18 years old.
3.4 The same acceptance procedure will apply to each individual Home Information
Pack and/or any Associated Services, if you place more than one order with us.
3.5 In the absence of exceptional circumstances, your Agreement for a Home Information
Pack and/or any Associated Services will normally be fulfilled once we have sent
a Home Information Pack and/or any Associated Services to you online within ten
working days of our Acceptance, subject to any delays due to access to the property
or delays with obtaining the necessary searches. This timescale only serves as a
guide to you and therefore we shall not be responsible for any delays owing to holiday
periods or other causes outside our reasonable control.
4. PRICE AND PAYMENT
4.1 Subject to clause 4.2 below, Our price for a Home Information Pack is £345.00
(plus VAT and subject to change from time to time), unless we agree otherwise, except
in cases of obvious error; and will be subject to change by agreement between you
and us for any additional costs for Associated Services which you may require/order
(“Our Price”). Our Price includes online delivery to you of a Home Information Pack
and/or any Associated Services. Additional charges may apply to Our Price if you
require the Home Information Pack and/or any Associated Services by any other means
such as by CD Rom, or memory stick, or post, or other means (“Additional Charges”).
These Additional Charges will be agreed with you prior to us sending the Home Information
Pack and/or any Associated Services to you. As part of our Acceptance, we will normally
specify and verify prices.
4.2 In the event of a pricing error which is obvious or where any third parties
levy any additional charges which we were reasonably unaware of at the time of Acceptance,
for example any charges for a failed appointment by a third party properly attending
to your property for purposes of any Third Party Reports (“Aborted Call Costs”),
we will be under no obligation to provide a Home Information Pack and/or any Associated
Services to you at the incorrect (lower) price, even after our Acceptance to you,
and we will be entitled to correct/adjust Our Price to reflect the correct price/any
additional charges. You will only be entitled to be provided by us with a Home Information
Pack and/or any Associated Services once you have paid our corrected/adjusted price.
4.3 Subject to clause 4.2 above, at the time of placing an order with us, commissioning
any Home Information Pack and/or any Associated Services, you will be obliged to
make full payment of any sums due immediately at that time.
4.4 We will accept credit card or cheque payments for Home Information Packs and/or
any Associated Services. If you wish to make payment by means of a credit card,
you will be required to provide us with the necessary details to effect the payment
when placing an order. If you wish to make payment by means of a cheque, we will
only proceed to process your order for a Home Information Pack and/or any Associated
Services once we are in receipt of cleared funds.
5. CANCELLATION OF OUR AGREEMENT WITH YOU
5.1 Subject to clause 5.4 below, if you are a consumer and wish to cancel the Agreement
for any reason, you may do so during the cooling-off period. The cooling-off period
will be a period of seven (7) working days from the day of our Acceptance in terms
of clause 3 above. Please note that this clause 5.1 does not apply to business-to-business
transactions.
5.2 To cancel the Agreement, you must notify us in writing by email or by post before
the end of the cooling-off period.
5.3 Subject to clause 5.6 below, if you cancel the Agreement before the end of the
cooling-off period, you will be refunded in full. Any refund will be made excluding
any Additional Charges and will be processed to you as soon as possible and, in
any event, within thirty (30) days of the day on which we received your cancellation
notice. However, please note that you will be responsible for the cost of returning
any Home Information Pack and/or any Associated Services to us.
5.4 Once we have sent you a Home Information Pack and/or any Associated Services,
the cooling-off period and your right to cancel the Agreement will not apply if
you are a consumer.
5.5 If you request us to cancel the Agreement and/or to provide you with a refund
in respect of a Home Information Pack and/or any Associated Services other than
in terms of the cooling-off period referred to in clause 5.1 above, we will have
the right to refuse to cancel the Agreement and/or to make a refund to you. If we
decide, in our sole discretion, to cancel the Agreement and/or to make a refund
to you, it would be subject to clauses 5.6 and 5.7 below.
5.6 If you cancel the Agreement at any time, you will remain responsible for any
costs of any Third Party Reports to any third party from whom we have already ordered
or obtained such Third Party Reports on your behalf in accordance with the provisions
of clause 10 below.
5.7 If you cancel the Agreement at any time, we reserve the right to charge you
for any costs incurred by us in ordering or obtaining Third Party Reports on your
behalf.
5.8 Your statutory rights will not be affected by this clause 5.
6. YOUR INFORMATION
6.1 If at any time we deem it necessary for purposes of providing you with a Home
Information Pack and/or any Associated Services, we will require you to provide
us with any necessary information/material/data which will enable us to do so (“Your
Information”). If at any time you are not able to provide us with this information
within a reasonable time, we will not be responsible to provide you with a Home
Information Pack and/or any Associated Services, even after our Acceptance to you;
and you will be responsible to pay any costs which we and/or any third party incurred
in relation to providing you with a Home Information Pack and/or Associated Services
as if the Agreement has been cancelled in terms of clause 5 above.
6.2 If you incur additional costs in obtaining any information/material/data in
respect of a Home Information Pack and/or any Associated Services, any such costs
will not be included in our charges and you will be personally responsible to settle
them in full.
6.3 We shall not be responsible for any losses of any information/material/data
that you provide us with and therefore we cannot be held liable for any such losses
if they occur for whatever reason. Therefore, we recommend you to take copies of
all of this information/material/data, before you provide us therewith.
7. ACCURACY OF YOUR INFORMATION
7.1 The Home Information Pack and/or any Associated Services, which will include
Your Information, will be made publicly available. Reliance may be made upon the
Home Information Pack and/or any Associated Services, including Your Information,
by potential or actual buyers, mortgage lenders, estate agents, enforcement authorities,
and other parties. It is therefore imperative that all information/material/data
provided to us is current, true, accurate and complete. If any information/material/data
we are provided with is inaccurate, incomplete or misleading in any way, you risk
legal claims against you.
7.2 If you submit any information/material/data to us, you must ensure that it does
not infringe any applicable laws, regulations or third party rights for example
information/material/data which is obscene, indecent, pornographic, offensive, defamatory,
threatening, liable to incite racial hatred, menacing, blasphemous or in breach
of any third party's intellectual property rights.
7.3 You warrant that Your Information provided to us is current, true, accurate
and complete. If you become aware that any of this information is outdated, untrue,
inaccurate or incomplete in any way you will be responsible to notify us accordingly
and let us have any updated information/material/data immediately without any delay.
Please note that if you provide us with any incorrect information/material/data,
we will have the right to cancel any Agreement with you and you will still be responsible
for any sums due to us and/or any third party under any Agreement with you.
7.4 You agree to indemnify us against all costs, claims, damages, losses and expenses
arising as a result of any claim or action suffered by us if you provide us with
any incorrect information/material/data.
8. YOUR REGISTRATION AND ACCESS
8.1 If you register to Our Site when you commission a Home Information Pack and/or
any Associated Services, your registration will be for a single user only. You will
be responsible for the security of any passwords or user names allocated to you.
If you become aware or suspect that someone else knows your password, you should
contact us immediately without any delay. Once we have made a Home Information Pack
and/or any Associated Services available to you, passwords may be issued to third
parties, such as potential or actual buyers, mortgage lenders, estate agents, enforcement
authorities, who wish to view it online.
9. OUR CANCELLATION RIGHTS
9.1 If you breach any of these terms and conditions, we may, in our sole discretion,
suspend or cancel our Agreement, your registration, our provision of and/or your
access to a Home Information Pack and/or any Associated Services to you immediately
by sending you an e-mail to this effect and referring to this clause.
9.2 Without prejudice to any right that you may have under these terms and conditions
or otherwise, we reserve our right to reasonably suspend or cancel our Agreement,
your registration, our provision of and/or your access to a Home Information Pack
and/or any Associated Services for any reason and at any time whatsoever with immediate
effect by sending you an e-mail to this effect and referring to this clause; for
example if your previous actions give us reasonable grounds to believe that you
may fail to comply with any of these terms and conditions in the future.
9.3 In the event that we suspend or cancel our Agreement, your registration, our
provision of and/or your access to a Home Information Pack and/or any Associated
Services, you will be responsible to pay any costs which we and/or any third party
incurred in relation to providing you with a Home Information Pack and/or Associated
Services as if the Agreement has been cancelled in terms of clause 5 above.
10. THIRD PARTY REPORTS
10.1 You acknowledge and agree that during our preparation of a Home Information
Pack and/or any Associated Services for you, it will be necessary for us to obtain
reports, other documents and information/material/data from third parties on your
behalf (Third Party Reports). These may include, but are not limited to:
10.1.1 Energy performance certificates prepared by external government-licensed
'Home Inspectors' or 'Domestic Energy Assessors' or another suitably qualified and
experienced third party;
10.1.2 Sale statements containing some basic information/material/data about a site
and/or property;
10.1.3 Standard searches including local land charges register searches, local enquiries,
and drainage and water enquiries, carried out and/or prepared by the local authority,
personal search companies, the local water company and/or another suitably qualified
and experienced third party;
10.1.4 Copies of records relating to the relevant property held at the Land Registry;
10.1.5 Home condition reports prepared by external government-licensed 'Home Inspectors’
or another suitably qualified and experienced third party;
10.1.6 Legal summaries of the legal content of the relevant Home Information Pack
prepared by solicitors;
10.1.7 Home sellers and home contents forms where information/material/data from
third parties is required;
10.1.8 Non-standard searches (where appropriate) for example mining searches in
areas where coal and mining has taken place, rights of way, ground stability, and
actual or potential environmental hazards such as flooding and contaminated land.
10.1.9 Guarantees and warranties for work already carried out to the relevant property;
and/or
10.1.10 Any other reports (where appropriate and/or required).
10.2 Our Price for the Home Information Pack and/or any Associated Services includes
our costs of procuring certain specified Third Party Reports on your behalf. We
will specify and verify as part of our Acceptance exactly what Third Party Reports
will be included in Our Price for providing a Home Information Pack and/or any Associated
Services to you.
10.3 In determining Our Price, we depend on estimated costs quoted to us by third
parties for preparing and providing us with Third Party Reports on your behalf.
These third party costs are determined by these third parties and fluctuations in
the financial market from time to time, both of which we cannot control. In exceptional
circumstances, the actual costs of procuring specific Third Party Reports may be
higher than initially envisaged. In such circumstances we shall notify you by email
accordingly of any increase in Our Price, and the reasons for such increase, that
you will incur, prior to ordering such Third Party Reports on your behalf, and will
only proceed with your approval.
10.4 If you do not provide us with your approval or you delay your approval of increased
Third Party Reports costs as referred to in clause 10.3 above, you acknowledge that
it may delay our preparation and/or our provision of a Home Information Pack and/or
any Associated Services to you. The non-inclusion of any necessary Third Party Reports
due to you not providing us with your approval or due to your delayed approval may
render a Home Information Pack and/or any Associated Services to you incomplete.
Please note that if any Home Information Pack and/or any Associated Services is/are
incomplete, it could be found that you do not comply with your legal obligations
in this respect.
10.5 You acknowledge and agree that we act as your agent for purposes of any Third
Party Reports that we obtain on your behalf to prepare and provide you with a Home
Information Pack and/or any Associated Services. You acknowledge and agree that
we are permitted to disclose to the relevant third party, from whom we obtain any
Third Party Report on your behalf, that we act as your agent in this regard. Therefore,
please note that the contract for the provision of such Third Party Reports will
be between you (as the disclosed principal) and the party from whom we obtain the
Third Party Report on your behalf. In the event of a breach of any of the terms
and conditions of the agreement between you and the relevant third party from whom
we obtain any Third Party Report on your behalf, we cannot sue or be sued upon it
due to the fact that we are not a party to any such contract and merely acting as
your agent on your behalf.
10.6 We will use our reasonable endeavours to obtain the relevant Third Party Reports
for you from suitably qualified and experienced third parties whom we reasonably
believe to have the relevant expertise and appropriate professional standing. You
acknowledge that we are not responsible for the contents of any Third Party Reports
and/or any delay, errors or omissions by any third party providing such Third Party
Reports and can therefore not be held liable for it in any way.
10.7 You agree to indemnify us against all costs, claims, damages, losses and expenses
arising as a result of any claim or action suffered by us in the event that we are
deemed to be acting as your agent in obtaining any Third Party Reports for you and/or
performing our obligations under an Agreement.
10.8 If you cancel the Agreement at any time or if we suspend or cancel our Agreement,
your registration, our provision of and/or your access to a Home Information Pack
and/or any Associated Services at any time, you will be responsible to pay any costs
which we and/or any third party incurred in relation to providing you with a Home
Information Pack and/or Associated Services as if the Agreement has been cancelled
in terms of clause 5 above.
11. OUR LIABILITY
11.1 If you lose any information/material/data as a result of accessing Our Site
and/or a Home Information Pack and/or any Associated Services, you acknowledge and
agree that we are not and that we will not be held responsible for any such loss.
In the event that you lose any information/material/data as a result of accessing
a Home Information Pack and/or any Associated Services, we may make available to
you again any such lost Home Information Pack and/or any Associated Services by
re-issuing you with a password or by any other means at our sole discretion. It
is your responsibility to ensure that you save and back up all your information/material/data
provided to us.
11.2 Once a Home Information Pack and/or any Associated Services has been made available
to you and/or the public, whether via our website or otherwise, we shall not be
liable for any use made of such a Home Information Pack and/or any Associated Services
and/or any information/material/data contained in it by third parties (whether fraudulently
or otherwise).
11.3 The information/material/data on Our Site is provided “as is” without any other
representations, conditions, warranties, guarantees and/or other terms of any kind.
We accordingly exclude all representations, conditions, warranties, guarantees and/or
other terms (including, without limitation, the conditions implied by law of satisfactory
quality, fitness for purpose and the use of reasonable care and skill) which but
for these terms and conditions might have effect in relation to Our Site.
11.4 Subject to clause 14 below, any liability to you arising from these terms and
conditions, your access to Our Site, any Agreement and/or any related cause (whether
in contract or tort, including negligence, or otherwise) shall be limited to a sum
equal to the value of Our Price. You acknowledge and agree that you will be responsible
for any excess loss and are responsible for obtaining insurance for any excess loss.
11.5 Nothing in these terms and conditions limit in any way our liability for death
or personal injury caused by our negligence and/or wilful default, fraud, fraudulent
misrepresentation or deceit by us.
11.6 We shall not in any circumstances be liable, whether in contract, tort (including
negligence) or otherwise (even if foreseeable), for any loss of income or revenue,
loss of business, loss of profits or contracts, loss of benefit, loss of production,
loss of availability, loss of reputation, loss of goodwill, loss of use suffered
or incurred directly or indirectly by you, loss of anticipated savings, loss of
data, waste of management or office time; for any indirect or consequential loss
or damage of any kind however arising and of whatsoever nature; and for any punitive
or exemplary damages.
11.7 You agree to indemnify, defend and hold harmless, and to continue to indemnify,
defend and hold harmless us, any of our officers, directors, employees and agents
from and against all claims, liability, damages, losses, costs (including reasonable
legal fees) arising out of any breach of these terms and conditions or any Agreement
by you, or your use of Our Site, or the use by any other person using your registration
details or in any circumstances where we are held to be your agent.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 All intellectual property rights in Our Site, in the material/information/data
published on it, and in our Home Information Packs and/or any Associated Services
to you, either belongs to us as owner or as lessee thereof. All these rights are
protected by copyright laws and treaties around the world. All these rights are
reserved. Therefore, in the event that you breach any of these rights, you will
be held responsible to the full extent allowed by the relevant laws and treaties.
12.2 In consideration of your payment of Our Price for a Home Information Pack and/or
any Associated Services, we grant to you a non-exclusive licence for you to use
a Home Information Pack and/or any Associated Services solely for the purposes contemplated
by the Home Information Pack Regulations. You are not permitted to resell your Home
Information Pack and/or any Associated Services. In the event that you do resell
the Home Information Pack and/or any Associated Services that we provide you with,
you will be held responsible for your breach to the full extent allowed by these
terms and conditions, and the relevant laws and treaties.
13. RELIANCE ON HOME INFORMATION PACKS
13.1 Further to clause 7 above, we emphasise that the information/material/data
you provide to us about your property will form part of the publicly-available Home
Information Pack and/or any Associated Services upon which reliance may be placed
by potential or actual buyers, mortgage lenders, estate agents, enforcement authorities,
and other third parties (regardless of who paid for the preparation of the Home
Information Pack and/or any Associated Services). If the information/material/data
you give about your property is inaccurate, incomplete or misleading in any way,
you risk legal claims against you by third parties.
13.2 We strongly recommend that you should obtain advice from a solicitor and/or
other specialist where you are unsure what information/material/data to provide
us with, how to answer us as to any particular questions we may ask you, or where
there are complex issues relating to your property.
14. OUR SITE AVAILABILITY
14.1 We shall use all reasonable endeavours to ensure that our site is available
at all times. However, we reserve the right to update Our Site, to change its content,
to restrict or suspend access to it or to close it indefinitely or withdraw it completely,
at any time, without notice, at our sole option and discretion; for example if and
when we deem it to be necessary to allow for repairs, maintenance, for the introduction
of new facilities or services, or for any other reason.
14.2 Any of the information/material//data on Our Site may be out of date at any
given time. However, we are under no obligation to update such information/material/data.
14.3 You acknowledge and agree that we shall not in any circumstances be liable,
whether in contract, tort (including negligence) or otherwise (even if foreseeable)
for any claims, liability, damages, losses, costs (including reasonable legal fees)
arising out of Our Site being unavailable in terms of clause 14.1 above and/or the
information/material/data on Our Site being out of date in terms of clause 14.2
above.
15. OUR PRIVACY POLICY
15.1 All information/material/data about you that we receive will be processed in
accordance with our privacy policy (“View privacy policy”).
By using Our Site, you consent to such processing and you warrant that
all material/information/data provided by you are current, true, accurate and complete,
and does not infringe any applicable laws, regulations or third party rights.
16. NON-CONFIDENTIAL AND NON-PROPRIETARY INFORMATION
16.1 Other than personally identifiable information/material/data, which is covered
under the privacy policy (“View privacy policy”), you
acknowledge and agree that none of the information/material/data that you provide
us with under these terms and conditions or otherwise are confidential and/or proprietary;
that we will have no obligations with respect to such information/material/data
other than those specified under these terms and conditions; and that we and our
nominees will be free to copy, disclose, distribute, incorporate and otherwise use
such information/material/data and all images, sounds, text and other things embodied
therein for any and all commercial or non-commercial purposes.
17. LINKS
17.1 Links to third party websites on Our Site are provided solely for your convenience.
If you use any of these links, you leave Our Site. Representations made regarding
products and/or services provided by any third parties are governed by the policies
and representations made by them. We have not reviewed all of these third party
websites and do not control and are not responsible for these websites or their
content or availability. You use such third party websites entirely at your own
risk. We will not be liable for or responsible in any manner for any of your dealings
or interaction with any of these third parties.
18. COMMUNICATIONS, NOTICES AND DELIVERY
18.1 You acknowledge and agree that communication between us will mainly be by electronic
means through e-mails and/or information/material/data posted on Our Site, including
but not limited to, agreements and notices; and that all such communications that
we provide you with electronically, comply with any applicable legal requirement
that such communications be in writing. This condition does not affect your statutory
rights.
18.2 All written communications, including notices, and/or any Home Information
Pack and/or any Associated Services by you to us must be sent to WTG Associates
at 1 Elmfield Park, Bromley, Kent BR1 1LU or at the e-mail address we provide you
with from time to time. All written communications, including any notices, and/or
any Home Information Pack and/or any Associated Services, by us to you will be sent
to the e-mail or postal address you provide us with when placing an order, or in
any of the means specified in clause 18.1 above. Any written communication, including
any notice, and/or any Home Information Pack and/or any Associated Services will
be deemed received and/or properly served immediately when posted on Our Site, immediately
after an e-mail incorporating such communication, Home Information Pack and/or any
Associated Services are sent (in the absence of any error causing such e-mail not
to be received), or immediately after the posting of such communication, Home Information
Pack and/or any Associated Services. In proving the receipt and/or proper service
of any such communication, Home Information Pack and/or any Associated Services,
it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent
to the specified e-mail address of the addressee and without any electronic indication
of any error causing such e-mail not to be received; and in the case of post, that
such post was properly addressed, stamped and placed in the post.
19. ASSIGNMENT
19.1 Any Agreement between you and us is binding on you and us and on our respective
successors and assigns.
19.2 No Agreement, nor any of your rights and/or obligations arising under it, nor
any Home Information Pack and/or any Associated Services, may be transferred, assigned,
charged or otherwise disposed of by you without our prior written consent.
19.3 We will be entitled to transfer, assign, charge, sub-contract and/or otherwise
dispose of an Agreement, and/or any of our rights and/or obligations arising under
it, at any time during the term of an Agreement.
19.4 Only the parties to an Agreement may seek to enforce its terms.
20. EVENTS OUTSIDE OUR CONTROL
20.1 We will not be in breach of any of these terms and conditions and/or any Agreement
and will not be liable and/or responsible for any failure to perform, and/or any
delay in performance of, any of our obligations under these terms and conditions
and/or any Agreement caused by any event outside our reasonable control (Force Majeure
Event).
20.2 A Force Majeure Event includes any act, event, non-happening, omission or accident
beyond our reasonable control and includes in particular (without limitation) the
following: fire, flood, disaster, power outage or electrical failure, any industrial
dispute affecting any third party, theft of computers or related equipment, governmental
regulations, hostile computer act, non-availability of third party data centres,
telecommunications or internet failures, acts of terrorism, civil riot or war).
21. NON-WAIVER
21.1 If we fail to insist upon strict performance of any of your obligations under
these terms and conditions and/or any Agreement with you, and/or if we fail to exercise
any of the rights and/or remedies to which we are entitled, at any time during the
term of an Agreement, this shall not constitute a waiver of any of those rights
and/or remedies and shall not relieve you from compliance with any of your obligations.
22. SEVERABILITY
22.1 If any of these terms and conditions and/or any provisions of any Agreement
with you are deemed by any competent authority to be invalid, unlawful and/or unenforceable,
such term, condition and/or provision will to that extent be severed from the remaining
terms and conditions, which will continue to be valid to the fullest extent permitted
by law. However, should such an event occur, you or us shall be entitled to cancel
that specific Agreement between us with immediate effect from the date of deemed
receipt of a notice to that effect by us or you (as the case may be), referring
to this clause. If any Agreement with you is cancelled in terms of this clause you
will be responsible to pay any costs which we and/or any third party incurred in
relation to providing you with a Home Information Pack and/or Associated Services
as if the Agreement has been cancelled in terms of clause 5 above.
23. ENTIRE AGREEMENT
23.1 These terms and conditions and any document referred to in them set out the
entire agreement between you and us in relation to any Agreement. They supersede
any prior agreement, understanding and/or arrangement between you and us, whether
oral or in writing.
23.2 We each acknowledge and agree that, in entering into an Agreement, neither
of us has relied on any representation, undertaking or promise given by the other
or implied by the other at any stage prior to such Agreement, except as expressly
stated in these terms and conditions.
23.3 Other than each party’s remedies provided for in these terms and conditions
for breach of contract, neither of us shall have any remedy in respect of any untrue
statement made by the other prior to the date of any Agreement (unless such untrue
statement was made fraudulently or in a deceitful manner)
24. VARIATION
24.1 You acknowledge and agree that we have the right to revise and amend these
terms and conditions from time to time.
24.2 When you order a Home Information Pack and/or any Associated Services from
us, you will be subject to the terms and conditions and policies in force at that
time, unless we are required to make any change to comply with any laws (in which
case you acknowledge and agree that it will apply to orders previously placed by
you), or if we notify you of any change to these terms and conditions or those policies
before we send you our Acceptance (in which case you acknowledge and agree that
we will be entitled to assume that you have accepted the change, unless you notify
us by email within three (3) business days from the date of your deemed receipt
of our notification of such change that you do not accept the change; in which case
we will have the right to either not accept your order or to immediately cancel
any Agreement with you by giving you notice to that effect and referring to this
clause).
25. LAW AND JURISDICTION
25.1 These terms and conditions, any Agreements for the purchase of Home Information
Packs and/or any Associated Services (which are provided only for properties in
England and Wales) through our site, and any dispute arising from, or related to,
such terms and conditions and/or Agreements, will be governed and construed by English
law. By using Our Site you consent and submit to the exclusive jurisdiction of the
courts of England and Wales.
25.2 If you access this site from locations outside the United Kingdom, you do so
at your own risk and you are responsible for compliance with local laws.
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