T&C

Ask a Surveyor

TERMS AND CONDITIONS OF SERVICE

Please read these terms and conditions before registering with Ask a Surveyor (“DCS”).

Welcome to the Ask a Surveyor website.

This is an important section of this Website explaining the terms and (“Conditions”) You are agreeing to when You access, use and/or shop from this part of the Website. Please read these Conditions carefully before proceeding to use this part of the Website. You should understand that by accessing or using this part of the Website, and by opening a Membership Account, and/or submitting any Question to Us, or by clicking a box that states that You accept or agree to these Conditions, You agree to be bound by these Conditions. If You do not agree to these Conditions, You may not use this Website or make any Submission to it.

DCS reserves the right to amend, remove, or add to these Conditions at any time without notice, however DCS will endeavour to give You notice of such amendments as soon as it is reasonably practicable to do so. Such modifications shall be effective immediately. Accordingly, please continue to review these Conditions of service whenever accessing or using this site. If You do not agree with all of these Conditions, You may not access or use any part of this service.

1. GENERAL
In order to make these Conditions easier to read and understand, we have defined certain terms. Where You see any of the following terms used in these Conditions, they have the following meanings:

“Answer” means a response that provides either (a) an opinion and brief discussion about the issue submitted and advice on what action should be taken next; or (b) an opinion that helpful advice can be given only by instructing an on-site inspection as the issue raised is not resolvable through this media alone;
“DCS / We / Us” means Ask a Surveyor, whose place of work is at The Old Sawmill, Copyhold Lane, Lindfield, Haywards Heath, West Sussex, RH16 1XT;
“Intellectual Property Rights” means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including without limitation, copyright, confidential information, patents, patentable rights, rights in know-how, database rights, trade marks, service marks, logos, URLs, domain names and design rights;
“Membership Account” means a subscription account opened and maintained subject to these Conditions;
“Personal Data” means any personal information which You provide to Us via this Website including (without limitation) the personal information described in our Privacy Policy http://www.askasurveyor.co.uk/legals;
“Question” means the question that You submit to Us via this part of the Website;
“Submission” means any question that You submit to Us via the Website including (without limitation) any other form of postings, messages, emails or other communications, and any other text, information, data, [▪photograph, image, audio or visual material] in whatever medium or form which You submit in addition to your Question, and “submit” and “submitted” shall be construed accordingly;
“Users” means the users of the Website collectively;
“Website” means the Ask a Surveyor website and any subsequent URLs which may replace the current website address outlined above;
“Working Days” means a day (other than a Saturday, Sunday or public holiday) when the banks in London are open for business; and
“You” means any User of this Website.

2. INFORMATION ABOUT US
2.1 This Website is owned and operated by or on behalf of Ask a Surveyor. Our main trading address is at The Old Sawmill, Copyhold Lane, Lindfield, Haywards Heath, West Sussex, RH16 1XT. Our VAT number is 974704589.

2.2 We are regulated by the Royal Institution of Chartered Surveyors and subscribe to their codes of conduct which can be found at http://www.askasurveyor.co.uk/.

3. SUBSCRIPTION
3.1 REGISTRATION
3.1.1 We provide a question and answer facility on this Website, which is intended to assist You with queries that You may have in relation to your property or a property You are considering purchasing or renting. You are encouraged to provide Us with as much supporting documentation as possible with your Submission as We will not be able to view the property in person and will be reliant upon the information You submit to Us.
3.1.2 Our Website is only intended for use by either people resident in the United Kingdom or who own or rent property in the United Kingdom or are planning on owning or renting a property in the United Kingdom. We do not allow Users who do not fall into at least one of these two categories to obtain a Membership Account. Additionally, We do not accept Questions from Users who do not fall into at least one of these two categories and who accept that English Law applies to this Website, the Membership Account and any Questions and Answers. We rely on You to only apply for a Membership Account if You meet at least one of the above requirements, and We will not be required to carry out any further checks to ensure compliance in this respect. Please also note that You must comply with all applicable laws and regulations of the country in which You are in. We will not be liable for any breach by You of any such laws.
3.1.3 By opening a Membership Account on this Website, and/or placing any Questions through this Website, You warrant that:
3.1.3.1 You are legally capable of entering into binding contracts;

3.1.3.2 You are at least 18 years old;

3.1.3.3 any personal information which You are required to provide when apply for a Membership Account or wish to submit a Question (including, without limitation, the details of the property and the nature of the matter You wish to receive advice upon, is true, accurate, current and complete in all respects; and

3.1.3.4 You are resident in the United Kingdom or are renting or buying a property in the United Kingdom or are planning on renting or buying a property in the United Kingdom.

3.2 OPENING A MEMBERSHIP ACCOUNT
3.2.1 You will have to provide your email address and a password when You submit an application for a Membership Account, which We will use in order to verify your identity if You wish to access your Membership Account on future visits to the Website. We will use and store these details, along with any other Personal Data You may supply to Us from time to time in accordance with our Privacy Policy http://www.askasurveyor.co.uk/legals.
3.2.2 You must keep your password secure and confidential at all times, and You should restrict access to your computer to prevent unauthorised access to your account. We may rely on any use of the Website with your email and password (or such other account details which We may from time to time issue to You) as being authorised by You. Please inform Us immediately if You have any reason to believe that your password or any such account details have become known to anyone else or if they are being, or are likely to be, used in an unauthorised manner.
3.2.3 We will confirm to You on-screen and by email if We accept your membership registration, at which point your Membership Account will be activated. From this time, and unless and until your Membership Account is terminated, You will be entitled, subject to any restrictions contained in these Conditions, to upload and/or post any Submission to or on the Website.
3.2.4 We are committed to ensuring that our Website remains informative, useful and safe for our Users. Our Website relies on members making or uploading Submissions. By using this Website and/or opening and maintaining a Membership Account, You acknowledge and accept that You will only use this Website for lawful purposes, and will not upload or submit to or on this Website any Submission which is a Prohibited Submission.
3.2.5 You acknowledge and agree that notwithstanding that We have the right (but not the obligation) to examine any Submission which a User submits or uploads to or on this Website, each such Submission is the sole responsibility of the User who submitted or uploaded it, and that by viewing or using this Website You may be exposed to content which You consider to be offensive or harmful. Subject to Condition 5 – Our Liability to You, We will not be liable to You for any loss or damage which You may suffer or incur as a direct or indirect result of any such exposure. You also acknowledge and agree that this means that You are fully responsible for the Submissions which You submit or upload to or on this Website and that You acknowledge and accept that submitting a Question, and receiving an Answer, should not replace an on site investigation or survey being carried out at the property in question, and that this Website is intended to offer options and guidance only.
3.2.6 For the purpose of this Condition 3.2, “Prohibited Submission” includes (without limitation) the following types of Submission:
3.2.6.1 Submissions which infringe anywhere in the world any third party’s Intellectual Property Rights, other proprietary rights or rights of privacy. Without limiting the foregoing, a User must not include in any Submission any Personal Data relating to himself or any other third party, this is particularly applicable when submitting a Question relating to a property You are considering purchasing or renting and which You do not yet reside;
3.2.6.2 Submissions which violate any law, statute, ordinance or regulation anywhere in the world;
3.2.6.3 Submissions which are defamatory, trade libellous, unlawfully threatening or unlawfully harassing, or which are otherwise objectionable or inappropriate having regard to the average User; or
3.2.6.4 Submissions which contain viruses, worms, corrupt files, Trojan horses or other forms of corruptive code or any other material which may compromise this Website.
3.2.1 We have the sole discretion to determine whether any Submission is a Prohibited Submission. You acknowledge and agree that although We do not and will not examine or review any or every Submission submitted or uploaded to or on this Website, We have the absolute right (but not the obligation) to examine any Submission and to delete, move, edit and/or disable access to any Submission (and/or any materials derived in whole or in part from such Submission) for any reason, at any time and without notice to You.
3.2.2 We may also, at our sole discretion at any time and without notice to You:
3.2.8.1 contact any law enforcement agency or court of competent jurisdiction regarding any Submission which We believe, in our sole discretion, may constitute Prohibited Submission and supply copies of such Submission to them and give them access to any Personal Data which is held by Us relating to any User who has submitted such Submission to Us; and/or
3.2.8.2 refer any matter to a law enforcement agency or court of competent jurisdiction where in our reasonable opinion, We consider that any matter arising from your use of this Website is of a criminal or illegal nature.
3.3 TERMINATION OF MEMBERSHIP ACCOUNT
3.3.1 We reserve the right to terminate your Membership Account and the provision or use of any subscription without notice to You for any reason, and without limiting the generality of the foregoing, if:
3.3.1.1 You register for membership using a non-existent email address or provide Us at any time with any personal information which is untrue, inaccurate or incomplete; or

3.3.1.2 when You apply to submit a Question, your payment does not go through for whatever reason; or

3.3.1.3 your Membership Account is inactive for a consecutive period of 365 days or more; or

3.3.1.4 You breach any of these Conditions or any other policies or guidelines which We may set out from time to time elsewhere on the Website; or

3.3.1.5 You engage in any conduct which We believe, in our sole and reasonable discretion, to be harmful to our business or to other Users; or

3.3.1.6 if We decide to sell our business or assets to a third party.
3.3.2 You provide us with 10 Working Days written notice that You wish to terminate your membership with Us. At the expiry of this period We will close your Membership Account and You will no longer be able to access the Members part of this Website.
3.3.3 If your Membership Account is terminated for any reason, We reserve the right without notice to You to de-activate any hyperlink through which We may from time to time have given You access to your Membership Account and to permanently remove and discard any Submission You have made.
4. SUBMITTING A QUESTION
4.1 SERVICE

4.1.1 To get the best out of this service, each Question that You wish to submit should be clear and concise, and contain all relevant facts and supporting documentation. We cannot visit the property to view the subject matter of the Question and therefore We are completely reliant on the information and supporting documentation that You provide as part of your Submission.

4.1.2 We have taken every care in the preparation of the content of this Website to ensure that as far as reasonably possible, all details, descriptions and prices of our services are correct at the time when the relevant information was uploaded onto the Website. We will confirm the price when You press “submit” to submit your Question to Us.

4.2 HOW TO SUBMIT YOUR QUESTION

4.2.1 You will be guided through the process of submitting your Question and any supporting documentation by a series of simple instructions during the Submission process.

4.2.2 At any time during the process You will be able to see what You are submitting and You will be able to amend it or delete it at any time up until You click on the “submit” icon.

4.2.3 Your Question will be submitted by clicking on the “submit” icon at the end of the process.

4.3 ACKNOWLEDGEMENT AND ACCEPTANCE OF YOUR QUESTION

4.3.1 We will send You an acknowledgment email detailing the content of the Question You have submitted and confirming the price and whether payment has been made. Please note that this does not mean that We have accepted your Question.

4.3.2 We will send You a confirmation email when We have accepted your Question and have an Answer for You.

4.3.3 Acceptance of your order and formation of the contract between You and Us will only take place once We have confirmed your payment for your Submission through our online payment mechanism, and, subject always to clause 4.5 below, when it has been confirmed that We have an Answer to your Question (unless We have notified You that We do not accept your Submission or You have cancelled it in accordance with the instructions in our cancellations policy).

4.3.4 The contract between You and Us will only relate to the Question and/or Submission We have confirmed in the despatch confirmation email.

4.3.5 The contract between You and Us will be concluded in accordance with English Law.

4.4 YOUR RIGHT TO CANCEL

4.4.1 You are entitled to cancel your order at any time prior to You receiving notification from Us that your Question has been designated to a relevant person who will be providing the Answer (where possible to do so). Once our relevant person has begun to consider your Question You will no longer be able to cancel.

4.4.2 Notwithstanding Condition 4.4.1 above, please see our refund policy (detailed below) for further information.

4.5 DELIVERY ARRANGEMENTS

4.5.1 Your Submission will be answered, where possible, in accordance with clauses 4.5.2 and 4.5.3 below, unless there are exceptional circumstances. We will deliver the answer to You on email or in your Members area where You submitted the Question.

4.5.2 We will respond to your Question within 48 hours whenever possible, however in some instances, due to the nature of the Question submitted it may take Us longer to provide You with an Answer, however in these circumstances We will endeavour to keep You informed of our progress.

4.5.3 In addition to clause 4.5.2 above, there may be some Questions that We are unable to provide an Answer for due to the nature or substance of the Question. In such circumstances We will notify You of this and may, if appropriate to do so, offer You guidance as to what We think you may want to do next in order to resolve your Question.

4.6 PRICE AND PAYMENT

4.6.1 The price for any Question or Submission will be as quoted on our Website from time to time. We will usually verify prices as part of our confirmation procedures so that where a correct price is less than our stated Website price, We will charge the lower amount when confirming to You. If a correct price is higher than the price stated on our Website, We will at our discretion, either contact You for instructions before accepting your Submission or reject your Submission and notify You of such rejection. Please note that prices are liable to change at any time.

4.6.2 Prices include VAT at the rate of 20% (or such rate as may be amended from time to time) in respect of sales for delivery to customers in the United Kingdom. If You are outside of the United Kingdom, and We agree to accept your Submission in accordance with clause 3.1.2, You should be aware that your Submission may be subject to import duties and taxes which are levied due to your location. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office of further information before attempting to submit any Question on this Website.

4.6.3 Payment for all Products must be made at the time of Submission by following the payment methods outlined on the Website. If there are any additional charges relating to your Submission (for example You submit additional Questions to your original Question) these will be notified to You once your Submission has been accepted in accordance with our acceptance policy and will require payment before We proceed any further at that stage to Answer any additional Questions.

4.6.4 Prices are quoted on the Website in pounds sterling (£). If You are purchasing the right to submit a Question from outside of the United Kingdom, your credit card company is responsible for exchanging the amount charged to the currency of your country at applicable rates. Please note that any charges and/or refunds made to your credit card shall be made by Us in pounds sterling (£) and We subject to Condition 5 (Our Liability to You) shall not be responsible for any loss You may incur as a result of any fluctuations in applicable exchange rates.

4.7 RETURNS POLICY AND PROCESS

4.7.1 CHANGE OR CANCEL AN ORDER

Our policy is to ensure that You are satisfied every time You submit a Question to Us. However, if You wish to change or cancel your Submission, please contact our Customer Services team by email to info@askasurveyor.co.uk. Please provide your order number as a reference in the email.

If We have notified You that your Question has been answered, You will need to follow our returns procedure set out in clause 4.7.2 below.

4.7.2 REFUND PROCEDURE

4.7.2.1 If You are not satisfied with the answer to your Question please write to Us and notify Us of your concerns at info@askasurveyor.co.uk. Please provide Us with as much information as possible as to why You do not consider your Question to be adequately responded to. In the event that We believe We can reasonably address your concerns, You will permit Us to do so at no extra cost to You. In the event that We cannot address your concerns any further, or We have attempted to do so but You are still unhappy with the outcome, then We will refund to You in full as soon as possible and in any event within 30 days of the day You give Us the written notice required above.

4.7.2.2 We will usually refund any money received from You using the same method originally used by You to pay.

5. OUR LIABILITY TO YOU

5.1 YOUR USE OF THIS WEBSITE

We have taken every care in the preparation of the content of this Website, in particular to ensure that as far as reasonably possible all information provided is correct at the time of inclusion. However, We cannot guarantee the accuracy of such information or that it will be up to date at all times.

This Website is provided on an “as is” and “as available” basis without any representation or endorsement made and (save as expressly set out in these Conditions) We make no warranties of any kind, whether express or implied, in relation to this Website including (without limitation) implied warranties of non-infringement, compatibility, security, accuracy, or conditions of completeness. Save as expressly set out in these Conditions, We make no warranty that this Website will meet your requirements or will be uninterrupted, timely or error-free, or that defects will be corrected. Whilst steps have been taken to ensure that this Website is free from viruses, no warranty is given in this regard and You are responsible for ensuring that You have appropriate virus checking software. We do not accept any responsibility for and, to the fullest extent permitted by law, exclude any liability for, any loss or damage whatsoever arising out of or related to any use of, inability to use, or reliance on, this Website or any information provided on or from it.

5.2 OUR LIABILITY TO YOU

5.2.1 The provisions of this Condition 5.2 set out our entire financial liability to You in respect of any breach of these Conditions and any representation, statement or tortious act or omission including negligence, arising under or in connection with any contract entered into with You pursuant to these Conditions or otherwise relating to these Conditions.

5.2.2 Subject to Condition 5.2.4, our total aggregate liability to You in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or non-performance of any contract entered into with You pursuant to these Conditions or otherwise relating to these Conditions is limited to the amount You have paid to Us. Your attention is drawn to clause 3.2.5 also.

5.2.3 Subject to Condition 5.2.4, We will not be liable to You for any losses (whether direct or indirect) of income or revenue, business, profits, contracts, anticipated savings, or for any incidental, indirect, special consequential loss or damage (whether direct or indirect) which arises out of or in connection with any contract entered into with You pursuant to these Conditions or otherwise relating to these Conditions.

5.2.4 The limitation on our liability set out in this Condition 5.2 does not exclude or limit in any way our liability:

5.2.4.1 for death or personal injury caused by our negligence;

5.2.4.2 for fraud or fraudulent misrepresentation; or

5.2.4.3 for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

6. EVENTS OUTSIDE OF OUR CONTROL
6.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).

6.2 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:

6.2.1 strikes, lock-outs or other industrial action;

6.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

6.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

6.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

6.2.5 impossibility of the use of public or private telecommunications networks;

6.2.6 the acts, decrees, legislation, regulations or restrictions of any government.

6.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

7. MISCELLANEOUS
7.1 ASSIGNMENT
We may assign our rights under these Conditions without your consent. If We do assign our rights, or We are sold in whole or in part to another entity, or We enter into an agreement with another company to share listings, We or our successor will give notice to You of that fact and You may opt out at that time by terminating your Membership Account by giving notice in writing at that time which can be at any time, and take effect immediately.
7.2 WAIVER
7.2.1 Our failure to act in respect of a breach or default of these Conditions by You or others does not waive our right to act in respect of subsequent or similar breaches or defaults.
7.2.2 No waiver by Us of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
7.3 NOTICES
7.3.1 Except as explicitly stated otherwise, any notices to You shall be delivered to the email address You provide to us during the registration process. Alternatively, We may give You notice by pre-paid post to the address You provided to Us during the registration process, or as updated by You as relevant from time to time. Any notices to Us must be sent by email to info@askasurveyor.co.uk or by pre-paid post to The Old Sawmill, Copyhold Lane, Lindfield, Haywards Heath, West Sussex, RH16 1XT.
7.3.2 Any notice shall be deemed given:-
7.3.2.1 if sent by email, 24 hours after the email is sent, unless the sending party is notified that the email address is invalid; or
7.3.2.2 if sent by pre-paid post, three business days after the date of posting and in proving service of the same it shall be sufficient to prove that such letter was properly stamped or franked, addressed and placed in the post to the addressee at the address referred to above.
7.4 PUBLICITY
Unless otherwise expressly agreed, We shall be entitled to make any public announcement in relation to these Conditions without your prior written consent. However, if You do not want to be mentioned/potentially mentioned in any publicity at all then please let Us know in writing at info@askasurveyor.co.uk
7.5 SEVERABILITY
If any provision of these Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, unenforceability or unreasonableness, be deemed severable and the remaining provisions of these Conditions shall continue in full force and effect.

7.6 ENTIRE AGREEMENT

7.6.1 These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

7.6.2 We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.

7.7 ANTI-BRIBERY PROVISIONS

We adhere to the anti-bribery and anti-corruption provisions of the Bribery Act 2010 and We will not engage in any activity, practice or conduct which could constitute an offence under the Bribery Act 2010, If We have reason to believe that You are acting in contrary to any of the provisions of the Bribery Act 2010 We reserve the right to terminate your Membership with immediate effect.

7.8 THIRD PARTY RIGHTS

A person who is not a party to these Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Conditions.

7.9 JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the English Courts.