Property POD

Terms and Conditions

PROPERTY POD LIMITED
TERMS AND CONDITIONS
THE CUSTOMER’S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CLAUSE 13
1 Introduction and Interpretation
1.1 Property POD provides the Services to you, (hereinafter referred to as the “Customer”) subject to the following terms and conditions (“Terms”). Before you click on the “accept” button at the end of these Terms carefully read the Terms. Clicking the “accept” button indicates your acceptance of these Terms and you are consenting to be bound by these Terms. If you do not accept or understand these Terms you will not be able to proceed.
1.2 In these terms and conditions the terms and expressions set out in clause 21 shall have the meaning set out therein and the rules of interpretation shall apply.
1.3 These Terms apply to all Registrations and/or any access to the Web Site. These Terms are deemed incorporated into each Registration accepted by Property POD and every visit to the Web Site by the Customer.
1.4 Registration by the Customer shall be deemed to be an offer by the Customer to purchase the Services subject to these Terms. Subject to any variation under clause 1.5 the Agreement will be on these Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Customer claims to apply under any order, confirmation of order, specification or other document).
1.5 These Terms apply to all Property POD’s Services and any variation to these Terms and any representations about the Services shall have no effect unless expressly agreed in writing and signed by a Director of Property POD.
2 Customers
2.1 Private individuals, firms, companies or entities who register for Full Registration or Quarterly Registration on the Web Site become Customers.
2.2 In the case of private individuals, Customers must be at least 18 years of age.
2.3 Customers will be entitled to access Property POD’s database which will include but shall not be limited to access to the Information and other associated services.
2.4 The Customer agrees not to interfere with the Service provided by Property POD by any means including but not limited to, viruses, overloading, flooding or spamming.
2.5 The Customer agrees not to use the e-mail communication system:

2.5.1 to e-mail or otherwise transmit content that is unlawful, fraudulent, harmful, threatening, abusive, indecent, defamatory, vulgar, obscene, libellous, hateful, or racially, ethnically or otherwise objectionable;
2.5.2 to directly or indirectly, harm minors in any way or allow or permit such harm to occur;
2.5.3 to e-mail or otherwise transmit any content that the Customer does not have a right to transmit under any law or under contractual or legal relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
2.5.4 to e-mail or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
2.5.5 to e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party;
2.5.6 to e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
2.5.7 to “stalk" or otherwise harass another; or
2.5.8 to monitor and intercept e-mail.
2.6 In the event that the Customer is a consumer, the Customer’s statutory rights are not affected.
3 Registration
3.1 Customers who register for the Services may register for:

3.1.1 Full Registration; or
3.1.2 Quarterly Registration.
3.2 If the Customer selects Full Registration the Customer agrees to take the Full Registration for the Initial Term in accordance with clause 12.1 and pay the Full Registration Fee. The Services shall be available to the Customer from the Start Date or if later upon receipt of the Full Registration Fee.
3.3 If the Customer selects Quarterly Registration the Customer shall receive a quarterly subscription to the Services and shall pay the Quarterly Registration Fee. The Services shall be available to the Customer for three months from the Start Date or if later upon receipt of the Quarterly Registration Fee and for each additional quarter subsequently subscribed for and paid for by the Customer.
3.4 If the Customer wishes to terminate their Full Registration after the expiry of the twelve month subscription period the Customer shall notify Property POD in accordance with clause 12.2. Property POD reserves the right to change the amount of the Full Registration Fee and alter the Services which the Customer is able to access and other factors from time to time.
3.5 Where the Customer is a Consumer, the Customer may cancel their Full Registration or Quarterly Registration by written notice to Property POD within 7 working days from the day after the Customer accepts these Terms (the “Cooling OffNotice”). Unless the Cooling Off Notice is correctly served and received pursuant to this clause, the Customer will be liable to make payment in full respect of their Full Registration or Quarterly Registration. In the event that performance of the Services begins before the expiry of the 7 working day period the Customers right to cancel shall be at Property POD’s sole discretion.
3.6 Upon Registration the Customer shall be sent a user name and password. Registration shall permit one User to access the Services.
3.7 The Customer undertakes to register on the Web Site using true and accurate information, including correct name, address and any other requested details.
3.8 In the event that the Customer is asked for, and provides, details of a credit, debit or charge card the Customer must ensure that they:

3.8.1 are fully entitled to use such credit, debit or charge card; and
3.8.2 have available funds sufficient to cover the charges which are deducted from it.
3.9 As part of the Full Registration or Quarterly Registration process for the Services, upon Property POD receiving the Customer’s Registration Form the Customer will receive a verification email, (the “Verification E-mail”) the purpose of which is to ensure that the Registration details the Customer has submitted during Registration is controlled by the Customer.
3.10 For the avoidance of doubt any cancellation of Full Registration or Quarterly Registration must be made in writing and acknowledged by Property POD in writing.
4 Privacy Policy
4.1 Data and any further information which Property POD collect about the Customer will be stored and used in accordance with Property POD’s Privacy Policy. Property POD’s Privacy Policy forms part of these Terms. By agreeing to these Terms, the Customer consents to the way Property POD may handle the Customer’s personal data.
5 Delivery of Services/Warranty of Information
5.1 The Customer will be able to access the Services from a web browser.
5.2 The Customer acknowledges and agrees that the Service is provided "AS IS" and that the operation of the Internet is beyond the control of Property POD and therefore Property POD assumes no responsibility for the timeliness, deletion, mis-delivery or failure to provide the Services including but not limited to the Information.
5.3 Property POD does not warrant that the Customer will have uninterrupted access to the Services nor that the Service will be available all the time or at any particular time.
5.4 Property POD will use all reasonable skill and care in the provision of the Services, but Property POD does not warrant that the Information will be fit for the Customer’s particular purpose.
5.5 Property POD does not warrant the completeness or accuracy or error free nature of the Information nor that errors in the Information will or can be rectified.
5.6 Property POD reserves the right at any time and from time to time to withdraw or modify suspend or terminate the Service (or any part of it) where they have legal or technical reasons to do so (including technical difficulties experienced by Property POD or on the Internet). There may also be times when the Service becomes unavailable, whether on a scheduled or unscheduled basis.
5.7 The Customer agrees that Property POD shall not be liable to the Customer or to any third party for any delay in the Service as a result of such modification, suspension or termination of the Service.
5.8 The Customer must obtain access to the World Wide Web, either directly or through devices that access web-based content, and the Customer must pay any service and/or telephony fees associated with such access. In addition, it is the Customer's sole responsibility to ensure that the Customer’s computer hardware and software is suitable for accessing the e-mail communication service.
5.9 Time will not be of the essence in respect of the Services.
6 Provision and Use of the Information
6.1

You must acknowledge that the Information is Crown Copyright protected and shall ensure that the following notice is displayed wherever the Information appears:

Source acknowledgement : [Information] produced by Land Registry

© Crown copyright material is reproduced with the permission of Land Registry. This material was last updated on 30th September. It covers the period from January 1999 to September 2007.

(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 of the Crown copyright material. 
6.2 The Customer will ensure that they do not use the Information in a way which is inconsistent with the provisions of the Data Protection Act 1998, the Human Rights Act 1998 or the Freedom of Information Act 2000.
6.3 Property POD has the right to change the form or format in which the Services and/or the Information are provided. Property POD shall use its reasonable endeavours to give the Customer at least one (1) months notice of any proposed format change.
6.4 The Customer is granted permission to access the Information and to download the Information onto electronic, magnetic, optical or similar storage media for research, study, in-house use purposes or to support reports and valuations only (the “Permitted Use”). Any other use of the Information requires the formal written permission of Property POD or HMLR (as the case may be).
6.5 The Customer must not redistribute, resell or publish any of the Information which is subject to Crown copyright without prior written permission.
7 Customers Restrictions
7.1 The Customer will not use the Information for the purpose of direct marketing, advertising or promoting a particular product or service, or in a way which could imply endorsement by Property POD or HMLR or in any way which could affect the integrity of the database kept by Property POD or Property POD’s reputation, existing services or generally in a manner which is likely to mislead others.
7.2 Customers are responsible for ensuring that any activity or communication the Customer makes in connection with the Service, does not:

7.2.1 infringe the intellectual property or other rights of any person or entity;
7.2.2 breach any applicable law, whether criminal, tortious or otherwise; or
7.23 appear to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
8 Intellectual Property Rights
8.1 The Customer acknowledges that the Information is produced by the Crown or other third parties and the Information is protected by Crown copyright or other third party copyright or proprietary rights.
8.2 For the avoidance of doubt, nothing in the Agreement and the Customer’s access to and use of the Information does not confer or grant or transfer to the Customer:

8.2.1 any copyright or proprietary rights in the Information; or
8.2.2 any Intellectual Property Rights in any software, software tools, design concepts, know how, techniques or systems which Property POD use in producing the Information and providing the Services the ownership of which remains absolutely with Property POD.
8.3 The Customer will not acquire nor will the Customer attempt to register any Intellectual Property Rights in the Information. The Customer may view, print and use the Information solely for the Permitted Use, but any other proposed use of the Information requires a separate copyright licence.
8.4 “PROPERTY POD” and its logos are proprietary to Property POD. The Customer does not have the right to use or reproduce these without Property POD‘s prior written authorisation.
8.5 “Land Registry” and its logos are registered Trade Marks of HMLR. The Customer does not have the right to use or reproduce these without prior written authorisation.
8.6 The Customer will give Property POD every reasonable assistance, including unlimited access to all relevant records and files to enable Property POD to obtain, defend and enforce the proprietary and Intellectual Property Rights in the Information and the Services.
8.7 The Customer acknowledges that all Intellectual Property Rights in and relating to the Web Site are owned by Property POD. The Customer may not copy, distribute, show in public or create any derivative work from the Web Site, or any of the material which is found on the Web Site unless properly licensed to do so by Property POD.
8.8 The Customer acknowledges that any other content contained in sponsor advertisements or information presented through the Web Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
9 Misuse of the Service
9.1 Property POD reserves the right to suspend or terminate the Customer’s access to the Service, or parts of it if the relevant Customer appears to Property POD to be in breach of any provision of these Terms. Any individual, firm, company or entity whose access has been suspended or terminated must not re-register for, or re-access, the Web Site without the prior consent of Property POD.
10 Additional Services
10.1 From time to time Property POD may offer new or additional services to the Customer. The Customers’ use of such new or additional services is at Customers’ sole discretion and the Customer acknowledges that such new or additional services may be subject to additional terms and conditions and charges.
11 Price and Payment
11.1 Unless otherwise agreed by Property POD in writing details of the Standard Full Registration Fee and Quarterly Registration Fee (based on a Single User Basis) and any discounts applicable to Registration shall be set out in the Web Site from time to time.
11.2 The Full Registration Fee will be refunded by Property POD in the event that Property POD withdraws the Services for which the Customer has subscribed. The Customer shall be entitled to a refund of the Full Registration Fee pro rata for the remainder of the twelve month period to which the Full Registration Fee relates.
11.3 Property POD may add new or additional services from time to time which may require the payment of additional fees either to Property POD or a nominated third party on terms which will be provided to the Customer at the time.
11.4 The Customer will provide payment details at the same time as the submission of the Registration Form.
11.5 The price for the Services may change during the term of the Agreement where the Customer requires additional Users or requests other changes to the Services. Property POD shall notify the Customers electronically of any amendments to the Full Registration Fee or Quarterly Registration Fee (as the case may be.)
11.6 Property POD shall have the right to change its scale of rates for Registration or withdraw any special offers or discounts at any time without notice to the Customer.
11.7 No payment shall be deemed received until Property POD has received cleared funds.
11.8 The charges shall be exclusive of any value added tax (“VAT”) of which amounts the Customer will pay when it is due to pay the charges.
11.9 Where applicable the Customer must submit a duly completed credit application form to Property POD prior to any credit being approved and authorised.
11.10 If the Customer requests any additional services or a variation to the Services Property POD shall consider the provision of such additional services or variation to the Services. Property POD shall not be obliged to provide any additional services or accept any requested change to the Service.
11.11 All payments payable to Property POD under the Agreement shall become due immedi­ately upon termination of this Agreement.
11.12 The Customer shall not be entitled to a discount for the early settlement of any payment by the Customer.
12 Term and Termination
12.1 The Agreement for Full Registration shall come into force for an initial period of 12 months from the Start Date (the “Initial Term”). Thereafter the Customer may terminate the Agreement upon giving not less than one month’s prior written notice to expire on or after the expiry of the Initial Term.
12.2 Property POD will send a renewal notice (the “Renewal Notice”) to the Customer 30 days prior to the expiry date of the Initial Term (the “Renewal Period”) to provide the Customer with details of the fees and terms and conditions for renewal. Upon expiry of the Initial Term the Agreement will automatically continue in accordance with the fees and terms and conditions for renewal as set out in the Renewal Notice unless the Customer has notified Property POD within the Renewal Period that they wish to terminate the Services.
12.3 Any renewal will be at Property POD’s sole discretion. The rates applicable to such Renewal Period (if any) are subject to change by Property POD from time to time in its absolute discretion.
12.4 Property POD may terminate the Agreement at any time by giving the Customers 1 month’s prior written notice and the provisions of Clause 11.2 shall apply.
12.5 Property POD may terminate the Agreement forthwith at any time by written notice if:

12.5.1 it believes in its reasonable opinion that the Customer is in breach of this Agreement and in the case of a breach capable of remedy fails to remedy such breach within 30 days of being notified by Property POD; or
12.5.2 the Customer commits a material breach of any term of the Agreement; or
12.5.3 the Customer ceases trading or is unable to pay its debts as they fall due or a petition is presented or meeting convened for the purpose of winding the Customer up or the Customer enters into liquidation, whether compulsorily or voluntarily, or compounds with its creditors generally or has a receiver appointed of all or any part of its assets.
12.6 Any suspension of the Services by Property POD will not prejudice Property POD’s right to terminate the Services later for the same or a different reason.
12.7 Subject to Clause 11.2 termination or expiry of the Services for any reason will not entitle the Customer to any refund of charges nor will it affect any accrued rights or liabilities of either party nor will it affect the coming into force or the continuance in force of any of these conditions which is expressly, or by implication, intended to come into or to continue in force on or after termination or expiry.
12.8 Property POD reserves the right to terminate the Agreement at any time by giving the Customer 30 days notice in writing if the Information Commissioner or other competent authority notifies Property POD that the Information should not be provided in its current form. In that event, Property POD will use its reasonable endeavours to provide the Information in an alternative form acceptable both to either the Information Commissioner or other competent authority.
12.9 On termination, howsoever arising, the Customer shall pay to Property POD all arrears of charges or other payments arising in respect of the Agreement or otherwise.
12.10 Termination, howsoever or whenever occasioned shall be subject to any rights and remedies Property POD may have under these Terms or in law.
12.11 The following clauses shall survive termination of these Terms clauses 5, 6, 8, 11, 13, 14, 16, 17, 20 and 21 inclusive.
13 Limitation of Liability
13.1 Notwithstanding any other provision under these Terms or otherwise each party’s liability to the other for:

13.1.1 death or personal injury resulting from its own or its employees’, agents’ or sub-contractors’ negligence; and/or
13.1.2 any breach of its obligations implied by Section 12 of the Sale of Goods and Services Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; and/or
13.1.3 in relation to any fraudulent misrepresentation or fraudulent acts of it employees;

shall not be limited.
13.2 In this Clause 13 the following shall mean an “Event of Default”:

13.2.1 any breach by Property POD of its contractual obligations arising under the Agreement (other than a breach arising from wilful default or recklessness);
13.2.2 any misrepresentation by Property POD in connection with (whether or not contained in the Agreement) the Agreement (other than a fraudulent misrepresentation);
13.2.3 any tortious, act or omission, including negligence, arising in connection with Property POD’s performance under the Agreement (other than any act or omission which is fraudulent or dishonest); and/or
13.2.4 any other act giving rise to a liability in respect of the Agreement.
13.3 Subject to Clause 13.1 Property POD shall not be liable to the Customer for any Event of Default for indirect or consequential loss or damage (whether for loss of profit, business, revenue, goodwill or anticipated savings) costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with the Agreement, whether or not the other party has been informed of the likelihood thereof.
13.4 Subject to clause 13.1 above Property POD’s aggregate liability to the Customer in relation to all claims arising out of Events of Default will be limited to 1.5 times the fee paid by the Customer under the Agreement in the preceding 12 months.
13.5 Property POD will use reasonable endeavours to maintain suitable professional indemnity insurance cover in an amount of £1,000,000 (or such other amount as may from time to time be agreed between Property POD and the Customer). Property POD accepts that if they can a make a claim under their insurance then the Customer shall be entitled to receive the sums received by Property POD from its insurers under such claim. Property POD will use reasonable endeavours to pursue any such claim under any such policy of insurance. The Customer expressly accepts that in all circumstances and in respect of any Event of Default it shall be entitled to receive only those sums which are received by Property POD from its insurers. For the avoidance of doubt the maximum amount that the Customer shall be entitled to under this clause 13.5 shall be £1,000,000 save that Property POD shall increase the professional indemnity insurance cover on request and payment by the Customer of additional charges.
13.6 The Customer acknowledges that Property POD relies on Information provided by HMLR and Property POD shall not be liable for any errors or inaccuracy of the Information unless such error or inaccuracy is due to the fault of Property POD.
13.7 Property POD does not represent or warrant that access to the Web Site or any part of it will be uninterrupted, reliable or fault free or free from infection by viruses or anything else that has contaminating or destructive properties.
13.8

Property POD shall not be liable for any delay or failure to provide the Services caused by:

13.8.1 errors in programs or operating instructions in connection with the software;
13.8.2 errors in programs or operating instructions in connection with the software;
13.8.3 any interruptions to or deterioration’s or defects (including incompatibility with any other system or software or other lack of functionality) in the software;
13.8.4 any act or omission of the Customer which is relative to its obligations under this Agreement;
13.8.5 any failures of the Customer to provide accurate detail on the Registration Form;
13.8.6 any failure by HMLR or other third party to provide the Information; and
13.8.7 down time of the computer systems caused by suppliers of third party computer services.
13.9 Certain links on the Web Site may lead to resources located on servers maintained by third parties over whom Property POD has no control. Property POD accepts no liability arising from access to or use of any material contained on those servers. In addition in the event that any third party sites are linked to or from the Web Site, this does not indicate that Property POD endorses or has any responsibility for the site in question or anything which appears on it.
13.10 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these Terms.
14 Indemnity
14.1 The Customer agrees to indemnify Property POD against any losses, claims costs and expenses Property POD may suffer in consequence of any claim by a third party arising from the Customer’s use of the Service, whether in breach of these Terms or not, including without limitation claims in respect of defamation or breach of any Intellectual Property Right.
15 Assignment
15.1 Property POD may at any time assign or novate or subcontract any or all of its benefits or rights and/or obligations under this Agreement to any person.
15.2 The Customer may not assign, sub-licence or transfer any of its rights under these Terms without the prior written consent of Property POD such consent not to be unreasonably withheld.
16 Entire Agreement.
16.1 It is acknowledged and agreed that this Agreement (including the documents and instruments referred to herein) (“the Documents”) shall supersede all prior representations arrangements understandings and agreements between the parties relating to the subject matter hereof and shall constitute the entire complete and exclusive agreement and understanding between the parties hereto;
16.2 The parties irrevocably and unconditionally waive any right they may have to claim damages for any misrepresentation arrangement understanding or agreement not contained in the Documents or for any breach of any representation not contained in the Documents (unless such misrepresentation or representation was made fraudulently);
16.3 It is further acknowledged and agreed that no representations arrangements understandings or agreements (whether written or oral) made by or on behalf of any of the other parties have been relied upon other than those expressly set out or referred to in the Documents.
17 Third Party Rights
17.1 Only the parties to the Agreement shall be entitled to enforce its terms and accordingly, no person who is not a party to this Agreement shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms
18 Force Majeure
18.1 Property POD shall not be liable for any delay in performing, or non-performance of any of its obligations under the Agreement if such a delay or non-performance is caused by circumstances beyond the reasonable control of Property POD.
19 Severability
19.1 If any provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
20 Law
20.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales. All disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
21 Interpretation
In these Terms:
21.1 “Agreement” means the agreement between Property POD and the Customer for the provision of the Services subject to these Terms and the Property POD Privacy Policy;
21.2 “Customer” means the private individual, firm, company or entity who registers on the Web Site and who uses the Service and agrees to be bound by these Terms;
21.3 “Full Registration” means the registration by the Customer for twelve months subscription to the Service;
21.4 “Full Registration Fee” means the fee payable by the Customer for Full Registration;
21.5 “HMLR” means Her Majesty’s Land Registry;
21.6 “Information” shall include but shall not be limited to:
21.6.1 records of residential property sold within England and Wales over the preceding four years;
21.6.2 information of recent sales of similar properties in any street within England and Wales; and
21.6.3 information of similar property transactions in the Customer’s chosen locality;
21.7 “Intellectual Property Rights” means all vested, contingent and future intellectual property rights including but not limited to copyright, trade marks, trade names, patents, service marks, design rights (whether registered or unregistered) know-how, trade secrets, inventions, get up, database rights and any applications for the protection or registration of these rights and all renewal and extensions thereof existing in any part of the world whether now known or in the future created to which Property POD may be entitled and other intellectual property rights created, developed, subsisting or used in or in connection with the Web Site;
21.8 “Link” means a hypertext link from the Web Site to the a third party’s site;
21.9 “Quarterly Registration” registration in accordance with clause 3.3;
21.10 “Quarterly Registration Fee” means the fee payable by the Customer for Quarterly Registration;
21.11 “Property POD” means Property POD Limited and any of its authorised agents;
21.12 “Registration” means the registration by the Customer for Full Registration or Quarterly Registration.
21.13 “Registration Form” means the registration form for Full Registration or Quarterly Registration (as the case may be) set out on the Web Site and to be completed by the Customer;
21.14 “Service(s)” means the provision to the Customer of the Information and any other services in accordance with these Terms.
21.15 “Start Date” means the day upon which the Customers Registration Form is accepted by Property POD;
21.16 “User” means an individual, a division or an office which has access to the Services;
21.17 “Web Site” means the web site under the control and operations of Property POD which appears on the World Wide Web under the domain name www.propertypod.co.ukand which expression includes all text, graphics, images, code, data and other material on the Web Site.
PROPERTY POD LIMITED Avon House, 46 High Street, Ringwood, Hants BH24 1AG