1. Introduction
1.1 These are the terms and conditions on which we make the HomeViews Insights Report available to you (“Terms and Conditions”). Please read these Terms and Conditions carefully before you submit your order to us.
1.2 If you are a consumer, the term “you” refers to you. If you purchase a HomeViews Insights Report on behalf of an organisation (your “Organisation”), except for this sentence, the term “you” refers to your Organisation and you confirm that you have authority to bind your Organisation to these Terms and Conditions.
1.3 By downloading a HomeViews Insights Report from the HomeViews.com website (our “Website”), you accept and agree to adhere to these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of them, you must not download a HomeViews Insights Report. Our acceptance of your order for the HomeViews Insights Report will take place when we confirm your download of the HomeViews Insights Report to you by email, at which point a contract will come into existence between you and HomeViews.
1.4 You must be at least 18 years of age to download a HomeViews Insights Report. By downloading a HomeViews Insights Report, and thereby agreeing to these Terms and Conditions, you confirm that you are at least 18 years of age.
1.5 For details on how we use any personal data, please see our Privacy Policy. By downloading a HomeViews Insights Report, and thereby agreeing to these Terms and Conditions, you agree that you have read and understood our Privacy Policy.
2. Licence to access and use the HomeViews Insights Report
2.1 Unless otherwise stated, HomeViews and/or its licensors own the intellectual property rights including all copyright and similar rights in the HomeViews Insights Report in any part of the world and in any and all media now known or hereafter devised discovered or developed. Subject to the license below, all these intellectual property rights are reserved.
2.2 Subject to your compliance with these Terms and Conditions, HomeViews hereby grants you a non-exclusive, perpetual, non-transferable licence (without the right to sub-licence) to open, view, download from our Website and print the HomeViews Insights Report for your internal business use (or personal use, if you are a consumer) and to quote small excepts of the HomeViews Insights Report, in each case subject to the restrictions set out below and elsewhere in these Terms and Conditions (“Licence”). The Licence is revocable in accordance with paragraph 2.5. The Licence applies to the HomeViews Insights Report that you have purchased and is not a licence to open, view, download, print, use or quote any other HomeViews Insights Report or any updates to them.
2.3 You shall only make use of the HomeViews Insights Report for the purposes expressly authorised in these Terms and Conditions and, in particular you must:
only share the HomeViews Insights Report within your Organisation limited to the number of permitted users to which your licence applies. For example, if you have purchased a business licence for up to ten people within your Organisation, you must not share the HomeViews Insights Report with more than ten people within your Organisation;
1. not sell, assign, rent, show in public (except for permitted quotations (see below)), or sub-licence the HomeViews Insights Report to your Organisations’ affiliates; clients, consultants or to other third parties without HomeView’s prior written consent. Any affiliates, clients, consultants and other third parties must purchase their own licence to use the HomeViews Insights Report;
2. except for permitted quotations (see below) and to the extent permitted by law, not copy, reproduce, redistribute or publish the HomeViews Insights Report (including on any electronic media now known or hereafter devised discovered or developed) without HomeView’s prior written consent;
3. not use the HomeViews Insights Report or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, including any activity which may damage our or our licensors reputation or goodwill or which disparages or discredits us or any of our licensors; and
4. not do or omit to do anything to diminish the rights of HomeViews or its licensors in the HomeViews Insights Report, nor assist any other person to do so, either directly or indirectly.
2.4 You agree that the exercise of your rights under the Licence is subject to all applicable laws, enactments, regulations and other similar instruments, and understand and agree that you will all times be solely liable and responsible for such due observance and performance.
2.5 Without prejudice to HomeViews’s other rights under these Terms and Conditions, if you breach the Licence or these Terms and Conditions in any way, HomeViews may take such action as to revoke your Licence to use the HomeViews Insights Report and/or bring court proceedings against you.
2.6 The provisions of sections 101A of the Copyright, Designs and Patents Act 1988 (or equivalent legislation in any jurisdiction) are expressly excluded from the Licence.
3. Quotations
3.1 HomeViews, asserts its moral right under Chapter 4 of the Copyright, Designs and Patents Act 1988 to be identified as the author of the HomeViews Insights Report.
3.2 You may quote HomeViews Insights Report (including in external communications) subject to the following conditions:
1. you will only quote small excepts of the HomeViews Insights Report as permitted in these Terms and Conditions and without any alteration, amendment or manipulation of any text, chart or image in it;
5. each quotation of the HomeViews Insights Report must be marked with a notice in the following terms, which notice shall appear in reasonable proximity to the quotation unless otherwise specified by HomeViews in writing:
[HomeViews Insights © Copyright [name of report and year of publication e.g. 2019]
6. any quotation of the HomeViews Insights Report in one document, communication, report, internet posting or other publication (including on any electronic media now known or hereafter devised discovered or developed) must not be more than 300 words from a single HomeViews Insights Report or up to three charts from a single HomeViews Insights Report; and
7. any quotation or use of content from the HomeViews Insights Report in any advertising or marketing campaigns, is subject to our prior written consent. Please contact info@homeviews.com.
3.3 We monitor the use of HomeViews Insights Reports and if we identify that your use of the HomeViews Insights Report does not comply with these Terms and Conditions and the Licence we may ask you to investigate. You will provide us with such information as we may request to demonstrate that your use of the HomeViews Insights Report complies with these Terms and Conditions and the Licence.
4. Brand protection
HomeViews and HomeViews Insights are trade marks of HomeViews Platform Limited. All graphics, logos, headers, icons, scripts, service names and trade names used in the HomeViews Insights Reports are the intellectual property rights of HomeViews, its licensors, or the third parties to whom they relate. Except as expressly permitted in these Terms and Conditions, you may not use any of our trade marks or any other intellectual property rights, or those of our licensors or third parties:
without the prior written consent of the relevant owner;
in a manner which is likely to cause confusion among consumers;
which disparages or discredits the owner or any third party; or
which could harm the reputation or goodwill in those trade marks or intellectual property rights or the business or companies to which they relate.
5. Warranties
5.1 Except for any user content (including any review or a developer response) posted on our Website that may be used in HomeViews Insights Reports (for which HomeViews takes no responsibility and shall not be liable), HomeViews warrants that, so far as it is aware, the HomeViews Insights Report does not infringe the rights of any other person; and shall use commercially reasonable endeavours to ensure the HomeViews Insights Report is free from material errors. Except as set out in this paragraph, the HomeViews Insights Report, is provided on an “as is” and “as available” basis without any representations, warranties and conditions, express or implied, which are hereby excluded to the extent permitted by law.
5.2 References in any HomeViews Insights Report to any third party or their products, services, trade names, trade marks or otherwise does not constitute or imply any connection with, or endorsement, sponsorship or recommendation thereof by, HomeViews. To the extent permitted by law, HomeViews does not accept any responsibility or liability for third party products, services, trade names and trade marks.
5.3 Nothing in the HomeViews Insights Report constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or real estate matter you should consult an appropriate professional.
6. Trade mark licence
You hereby grant us a perpetual, non-exclusive, royalty-free, worldwide, transferable and sub-licensable licence to use your trade name or trade mark as a watermark on the HomeViews Insights Reports. This paragraph shall survive termination or expiry of these Terms and Conditions for any reason.
7. Limitation on liability
7.1 If you have paid for a HomeViews Insights Report, HomeViews’ liability (whether arising in contract, tort, breach of statutory duty or otherwise) shall be limited in aggregate to the amount you have paid to HomeViews for the Licence to use the HomeViews Insights Report.
7.2 HomeViews will not be responsible or liable to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond our reasonable control.
7.3 Nothing in these Terms and Conditions will exclude or limit HomeViews’s liability in respect of:
1. death or personal injury caused by HomeViews’s negligence;
2. fraud or fraudulent misrepresentation on the part of HomeViews; or
3. any matter that would be illegal or unlawful for HomeViews to exclude under applicable law.
Consumers
7.4 To the extent that you download and/or use the HomeViews Insights Report, as a consumer (rather than for business purposes), HomeViews will be responsible for any loss or damage that is a foreseeable result of our failure to comply with these Terms and Conditions or our failure to use reasonable skill and care, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it would happen or if both we and you knew it might happen.
7.5 If your use of the HomeViews Insights Report causes damage to a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, you are responsible for ensuring that any device that you use to download a HomeViews Insights Report is protected by adequate security, anti-virus and anti-malware software, and we will not be liable for any loss or damage which you could have avoided by using such software.
7.6 For the avoidance of doubt, to the extent that you are using the HomeViews Insights Report as a consumer, HomeViews will not be liable to you for any business losses, loss of profit, loss of business, business interruption or loss of business opportunity.
Businesses
7.7 To the extent that you download and/or use the HomeViews Insights Report for business purposes, HomeViews will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of (or inability to use), or otherwise in connection with, the HomeViews Insights Report for any direct loss;
for any indirect, special or consequential loss; or
for any business losses; loss of revenue, income, profits, sales or anticipated savings; loss of contracts or business relationships; loss of opportunities, damage to reputation or goodwill, or loss or corruption of information or data.
7.8 The limitations of liability in this paragraph 7 apply even if HomeViews has been expressly advised of the potential loss.
7.9 By downloading and/or using the HomeViews Insights Report, you agree that the exclusions and limitations of liability set out in these Terms and Conditions are reasonable. If you do not think they are reasonable, you must not download or use the HomeViews Insights Report.
8. Indemnity
You hereby indemnify HomeViews and its officers, employees, agents, subsidiaries, successors, assigns, sub-contractors and licensors (the “Indemnified Persons”) and undertake to keep HomeViews and the Indemnified Persons indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by HomeViews to a third party in settlement of a claim or dispute on the advice of HomeViews’s legal advisers) incurred or suffered by HomeViews arising out of:
1. any breach by you of any provision of these Terms and Conditions;
2. your violation of any applicable law or regulation;
3. your infringement of any third party rights; and
4. any claim that you have done any of the things at paragraph 8(a) to (c).
9. General
9.1 Enforceability: If any provision of these Terms and Conditions is, or is determined by any court or other competent authority to be, unenforceable under applicable law:
1. that will not affect the enforceability of the other provisions of these Terms and Conditions, which will continue in effect; and
2. if any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted.
9.2 Waiver: If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking any steps against you in respect of you failing to comply with these Terms and Conditions, that will not mean that you do not have to do those things and it will not stop us from taking steps against you at a later date.
9.3 Assignment: HomeViews may transfer, sub-contract or otherwise deal with HomeViews’s rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent. You may not transfer, sub-contract, sub-licence or otherwise deal with your rights and/or obligations under these Terms and Conditions.
9.4 Whole agreement: These Terms and Conditions constitute the entire agreement between you and HomeViews in relation to your use of the HomeViews Insights Report (and supersede all previous agreements in respect of your use of the HomeViews Insights Report, if applicable). We each acknowledge that we have not relied on any representation, warranty, collateral contract or other assurance (made negligently or innocently) except for the ones in these Terms and Conditions.
9.5 Governing Law: These Terms and Conditions will be governed by and construed in accordance with the laws of England, and (subject to the alternative dispute resolution provisions below) any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of England.
10. Alternative dispute resolution for consumers
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and you are not happy with how we have handled any complaint, you may want to submit the dispute for online resolution via the European Commission Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/main/?event=main.home.show. If you are not satisfied with the outcome, you can still bring legal proceedings.
11. HomeViews’s details
The full name of HomeViews is HomeViews Platform Limited, a company incorporated in England and Wales with company registration number 10290376 and with its registered address at Unit 2.05, 12-18 Hoxton Street, London, N1 6NG. You can contact HomeViews by email at info@homeviews.com.
