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This page (together with the documents referred to on it) is the Agreement under which we supply the goods and services listed on our website www.hometrack.com/uk ("our Website") to you .
Please understand that if you refuse to accept this Agreement, you will not be able to order any Reports ("Reports") or services from our Website.
By ordering a Report, you expressly consent to its immediate delivery. You acknowledge that you will have no right to cancel the transaction once you begin to download the Report. This does not affect your consumer rights.
Please print out a copy of this Agreement for future reference.
www.hometrack.com/uk is a site operated by Hometrack Data Systems Limited ("Hometrack", "we" or "us"). We are registered in England and Wales under company number 04622244 and with our registered office at One New Change, London, EC4M 9AF. Our VAT number is 798493353.
We make no representation that our Reports and/ or other services are appropriate or available for use in locations outside the United Kingdom.
3.1 By placing an order for a Report or services through our Website, you warrant that
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old; and
(c) You are the holder of a valid credit or debit card.
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have accepted your order and confirming that we will begin preparing your Report and or services (the "Order Confirmation"). The contract between us will only be formed when we send you the Order Confirmation.
4.2 Contracts with Hometrack are concluded in English.
5.1 The price of the Reports and/or services will be quoted on our Website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
5.2 Payments must be made by credit or debit card. Secure credit card and debit payments can be made on-line using American Express, VISA or Mastercard.
5.3 Payment for the full amount will be processed prior to you receiving your Order Confirmation. If we decide not to accept your order, we will return any payments made via the method you used for payment.
5.4 All payments are subject to validation checks and authorization by the card issuer.
5.5 We use Stripe (www.stripe.com) to process your purchase. The padlock symbol on your browser shows which pages are covered by this security system. Hometrack does not retain payment card information on our web servers after the transaction has been completed.
5.6 We do not issue refunds, save for the provisions made in clause 5.3. You will not be permitted to cancel any confirmed orders once you have started to download the Report.
6.1 Your Report will be sent via email immediately upon acceptance of your order.
6.2 Should you fail to receive an email copy of your full Report or should your Report file become corrupted upon delivery we will resend a copy to your email address. To request a copy of your full Report, please email email@example.com
7.1 Once you receive the Order Confirmation we will begin preparing your Report and/or carrying out the services you have requested. Your Report and/or services are bespoke and personal to you. You agree therefore that the order may not be cancelled after you have received the Order Confirmation and started to download the Report.
8.1 Subject to clause 8.3, if we fail to comply with these Terms and Conditions, we shall only be liable to you for the purchase price of the Report.
8.2 This clause does not exclude the undertakings implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
8.3 Nothing in this Agreement excludes or limits our liability: to the extent such limitation or exclusion is not permitted by any applicable laws; in respect of any losses arising from acts of fraud or dishonesty on our own part or on the part of our employees, officers or agents; or in respect of death or personal injury arising from negligence on our own part or on the part of our employees, officers or agents.
8.4 Neither party shall be liable to the other for any loss of profits, damage to goodwill, loss of opportunity or loss of business, in each case whether direct or indirect, or any type of special, consequential or indirect loss arising under or in connection with this Agreement, even if such loss or damage was in the contemplation of the parties or was wholly foreseeable.
9.1 When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website.
10.1 All notices given by you to us must be given to Hometrack at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
11.1 We may transfer, assign, charge, sub-contract or otherwise dispose of this Agreement, or any of our rights or obligations arising under it, at any time during the term of this Agreement. You may not transfer, assign, charge or otherwise dispose of this Agreement, or any of your rights or obligations arising under it, without our prior written consent.
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control.
13.1 No failure or delay by us to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
14.1 If any of these Terms and Conditions or any provisions of this Agreement 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 will continue to be valid to the fullest extent permitted by law.
15.1 This Agreement constitutes the whole agreement between us and supersedes any previous agreements between us relating to its subject matter.
15.2 You acknowledge that, in entering into this Agreement, you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement.
15.3 Nothing in this clause shall limit or exclude any liability for fraud.
16.1 We have the right to revise and amend this Agreement from time to time.
16.2 You will be subject to the policies and terms and conditions in force at the time that you order goods or services from us, unless a change is required by law or by a governmental authority or if we notify you of a change before we send accept your order.
17.1 This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) will be governed by the laws of England and Wales. Any dispute or claim arising out of or in connection with this Agreement shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Use of Hometrack Reports and Services is subject to the Terms and Conditions under which they were provided, which specifically limit their use to the party that originally ordered them. The contents of the Report or Service are protected by copyright. You may not modify, copy, reproduce, republish or distribute, by any means or in any manner the Report or Service or any part thereof. Information contained within the Report or Service is provided on an 'as is' basis and is for general purposes and guidance only. The recipient acknowledges that the Report or Service is provided without the benefit of inspection of sites or properties. The nature of the information sources used to compile the Report or Service are such that they will not be free from errors and information compiled on an historic basis will have aged by the time of its inclusion. Hometrack does not warrant that a Report or Service will be suitable for any particular purpose, even if a particular intended purpose has been made known by you to Hometrack. It is the recipient's sole responsibility to assess the accuracy, completeness, usefulness, suitability and fitness for purpose of all information and data provided within the Report or Service. Users are advised to seek appropriate independent professional advice and to seek independent verification of the accuracy and completeness of each relevant item of information contained within the Report or Service before making any decisions based on that information. To the fullest extent permissable by applicable law, other than as expressly set out in the Terms and Conditions, Hometrack makes no express or implied warranties, representations or endorsements whatsoever to the Report or Service.