Terms and Conditions
“we/us/our” means Davis Tate, whose registered office is at 2nd Floor, Gateway 2, Holgate Park Drive, York YO26 4GB, registered in England No. 3764697
“you/your” means the person accessing and using this Site
“Site” means this online property valuation site, forming part of our website
“Service” means the provision of estimated and indicative property valuations through or via the Site
These are the general Terms and Conditions which apply to all use of this Site. Please read them carefully. Your use of the Site and of the Service will be subject to these Terms and Conditions. If you have any questions or comments with regard to these Terms and Conditions please contact us either by email or phone.
We may change these Terms and Conditions from time to time. You should read the Terms and Conditions each time you use our Site and Service, ensuring you are aware of the most current changes made to them.
Important liability statement
Whilst we will reasonable care and skill in providing the Services, the property valuations provided on this Site are estimates only and you must only use them on that basis and only for personal (non-business) use. The Service works on the basis of analysing property prices for equivalent properties in the area. The equivalent properties may differ in a number of ways which are not taken into account, such as standard of construction and general condition or to specific location. Also, the valuations are by their nature subjective and based on market forces at the time (and markets can change for various reasons).
The valuations are not provided to be relied on for property sale, purchase, mortgage or related purposes. We strongly recommend that you seek a professional and full valuation by a surveyor or lender before making any decision in relation to the property.
The valuations are provided for your use only and you may not encourage or allow any other person to rely on them. We shall not be liable for any losses (whether in contract, negligence, misrepresentation or otherwise) that you or anyone else suffer as a result of relying on the valuations. This includes (without limitation) not being liable for any loss of profit, loss of bargain, loss of capital through over-payment or under-sale or for any indirect, special or consequential loss.
We cannot and do not guarantee that the Service will be constantly available or error-free.
WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY FOR ANYTHING THAT WE ARE NOT PERMITTED TO EXCLUDE OR LIMIT UNDER APPLICABLE LAW AND YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY ANY OF THESE TERMS AND CONDITIONS.
Conditions of your use of this Site and Service
1. You may use the Site and the Service for personal use only and in accordance with these Terms and Conditions. You may use the Site and Service solely to receive the estimated and indicative property valuation and to benefit from the functionality of the Site in connection with such (and to provide your details to be contacted to provide a physical valuation).
2. You may:
a) browse the Site using a compatible web browser. Permission to browse the Site includes permission to make transient or cached copies of parts of the Site to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Site by you;
(b) print a copy of any page of the Site, for your own personal purposes, provided you do not do any of the things set out under "What you are not allowed to do".
2. What you are not allowed to do
1. Except to the extent expressly set out in these Terms and Conditions, you are not allowed to make any copies of any part of the Site or to decompile, reverse engineer or otherwise alter the Site.
2. You may not remove or change anything on the Site.
3. You may not include or create links to or from the Site without our prior written consent.
4. You are not allowed to remove or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Site.
5. You must only use the Site and the Service and anything available from the Site or the Service for lawful purposes, and you must comply with all applicable laws, statutes and regulations.
Your personal information
1. All copyright, trademarks and other intellectual property rights in all material and content contained in this Site is either owned by us or has been licensed to us by the rights owners. You are only allowed to use this Site and the material contained in this Site as well as the Service as set out in these terms.
5. Disclaimer and limitation of liability
1. We do not, and nothing in these Terms and Conditions shall act to, exclude or limit our liability for death or personal injury resulting from our negligence, for fraud or for any other liability which may not by applicable law be excluded or limited. Your statutory rights as a consumer are not affected by any of these Terms and Conditions.
2. Subject to clause 5.1 above, we cannot and do not warrant or guarantee the accuracy of valuations provided and we shall not be liable to you or any third party in contract, tort (including negligence), misrepresentation or otherwise for any loss of profit, loss of bargain, loss of capital through over-payment or under-sale or for any indirect, special or consequential loss in each case arising from:
(i) any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of, the valuations or data or any other information supplied to you through this Site or through our Service; or
(ii) any decision made or action taken by you or any third party in reliance upon such valuations or information.
3. More generally and to confirm, the valuations are not provided to be relied on for property sale, purchase, mortgage or related purposes and, subject to clause 5.1, we shall not be liable for any losses (whether in contract, negligence, misrepresentation or otherwise) that you or anyone else suffer as a result of relying on the valuations. This includes (without limitation) not being liable for any loss of profit, loss of bargain, loss of capital through over-payment or under-sale or for any indirect, special or consequential loss.
4. We cannot and do not guarantee that the Service will be constantly available or error free.
5. Subject to clause 5.1, you agree that your use of the Service is on an as is and as available basis and that your use of the Service (and your reliance on any valuations or other information available through the Service) is at your sole risk.
6. The Site may include links to external sites. We may include links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites and pages or for anything provided by them.
7. Subject to clause 5.1, while we will use reasonable endeavours to verify the accuracy of any information we place on the Site, we make no warranties, whether express or implied in relation to its accuracy.
8. The valuations are provided to you only and may only be used by you for personal non-business use. You may not encourage or allow any other person to use them.
6. Suspension of Site
1. We may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any sites or pages linked to it will not be uninterrupted or error free.
2. We reserve the right to remove the Site and/or cease providing the Services at any time without notice.
7. General and governing law
1. By browsing the Site you are accepting that you are bound by the Terms and Conditions which are current at that time. You should check these each time you revisit the Site.
2. Subject to clause 7.1, these Terms and Conditions supersede all previous agreements relating to the subject matter.
3. If any provision of these Terms and Conditions is found to be unenforceable, this shall not affect the validity of any other provision. Both of us may delay enforcing our rights under these Terms and Conditions without losing them.
4. We will not be liable to you for any breach of these Terms and Conditions which arises because of any circumstances which we cannot reasonably control.
5. No part of these Terms and Conditions may be enforced by any person other than us and you.
6. These Terms and Conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
1. What information do we collect?
We collect certain data about you when you register to use the Service, such as name and email address, your property type and enquiry details.
Although we do not make it compulsory to give us every item of information we ask for, the more information you volunteer (and the more accurate it is), the better we can personalise the Service for you.
The Site does not automatically capture or store personal information relating to visitors to this Site other than to log the IP address of visitors (the unique address associated with your computer on the internet) which is automatically recognised by our web server and basic session details generated by visitors to this Site. We may from time to time supply the owners or operators of third party sites from which it is possible to link to our Site with information on the number of users linking to our Site from their sites. You cannot be identified by those sites from this information.
2. How is this information used?
This information is or may be used to:
· Operate the Service and send you information you request on the Site.
· Contact you by phone and/or email to arrange a follow up physical valuation to the property valuation provided through this Site. You may be contacted for this purpose by:
· Generate aggregate statistics about our Site visitors and users of the Service
· Collect broad demographic information for aggregate use
· Improve the content of our web pages
· Administer this Site
· Customise the Service we provide to you
· Notify you when your registration with the Service is due to expire
· Handle enquiries, orders or applications submitted to us by you
· Verify your identity
3. With whom is your information shared?
As well as sharing your information with: (i) the third party we use to operate and host the Site and provide the Service to you; and (ii) any of the parties that will be contacting you in accordance with the second bullet point in section 2 above, your information may also be processed by other companies within our group as part of the administration of the service.
We may also analyse and disclose aggregate statistics about our Site visitors and users of our Service in order to describe our services to prospective partners, advertisers and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifying information.
We may disclose personal information if required to do so by law or if we believe that such action is necessary to protect and defend the rights, property or personal safety of the Site or its visitors.
This Site may contain links to other sites. We are not responsible for the privacy policies or the content of such sites and recommend that you check the policy of such third party sites and contact the owner or operator if you have any concerns or questions.
4. Access to this site from outside the European Economic Area (EEA)
If you use our Service while you are outside the EEA, your information may be transferred outside the EEA in order to provide the Service to you.
5. Your rights
If you would like to review or change the details you have supplied us with please contact us as set out below. You are entitled to ask for a copy of the information we store about you (for which we may charge a small fee).
We may store some information (commonly known as a "cookie") on your computer when you look at our Site. This information facilitates your use of our Site and helps us to provide you with the best level of service. For example, cookies help us to show you advertisements which are relevant to your interests.
You can erase or block cookies from your computer if you want to (your help screen or manual should tell you how to do this), but certain areas of our Site may not work correctly if you set your browser not to accept cookies.
A cookie, also known as an HTTP cookie, web cookie, or browser cookie, is a piece of data stored by a website within a browser, and then subsequently sent back to the same website by the browser. Cookies were designed to be a reliable mechanism for websites to remember things that a browser had done there in the past, which can include having clicked particular buttons, logging in, or having read pages on that site months or years ago.
Collection of Cookies across all sites
A cookie is a small text file that is placed on your computer's hard drive by your web browser when you first visit the Site. The cookie allows us to identify your computer and find out details about your last visit. Most Internet browsers accept cookies automatically, but usually you can alter the settings of your browser to erase cookies or prevent automatic acceptance if you prefer. Generally you have the option to accept all cookies, to be notified when a cookie is issued or reject all cookies.