Effective Date: 19-1-2019

1.                   Introduction

1.1               This website is owned and operated by Property Conveyancing Searches Ltd. Our company information is at the end of this document. 

2.                   Definitions

2.1               Capitalised terms have the following meanings in these terms and conditions: 

a)                   “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

b)                  “Service” – our website, the services we offer by means of our website and any related software and services. 

c)                   “User” - persons or organisations using our Service (whether or not registered with us).

3.                   Applicability of terms and conditions

3.1               Please read these terms and conditions carefully. They replace any previous versions. By registering on or using our Service you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our Service in future. These terms and conditions are available in the English language only.

3.2               These terms and conditions apply to all Users. 

4.                   Changes to the terms and conditions

4.1               We may change these terms and conditions by posting the new version on our website. Please check our website from time to time. You will be bound by the revised agreement if you make a new order following the effective date shown. 

5.                   Forming a contract with us 

5.1               Your order is an offer to enter a legal contract with us. You place your order by using the ordering process on our site. This involves transmitting the order to us by clicking on the “Pay Now” or equivalent button . This process permits you to check and amend any errors before making an order by using the change function and/or the internet browser back button. 

5.2               We will send you a confirmation email after your order.  This is our acceptance of your offer and the point at which a legally binding contract is formed. 

6.                   Right to cancel (“cooling off”)

6.1               If you are a Consumer, you have the right to cancel this contract subject to the provisions set out below.  

6.2               You lose the right to cancel contracts for the supply of services which have been fully performed, i.e. completed.

6.3               If you do have the right to cancel, the following apply:

Right to cancel

6.4 You have the right to cancel this contract within 14 days without giving any reason.

6.5 The cancellation period will expire after 14 days from the day of the conclusion of the contract. 
6.6 To exercise the right to cancel, you must inform us Property Conveyancing Searches Ltd of 5 Victoria Grove, Bristol BS3 4AN, telephone 0845 139 0265 , email office@propertyconveyancingsearches.co.uk of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form at the end of this document but it is not obligatory.

6.7               To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

6.8 If you cancel this contract, we will reimburse to you all payments received from you.

6.9 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

6.10           We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. 

6.11           If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract. 

7.                   IMPORTANT: Our Service

7.1               We are an intermediary, not the HM Land Registry. Provided that you have supplied us with all of the necessary information, we will submit a request for a Land Registry Search to tHM Land Registry on your behalf. We promise to supply this service with reasonable care and skill.

7.2               We will contact you if we spot any obvious errors. However, it is ultimately your responsibility to ensure that all information which you supply to us will be accurate.

7.3               We do not guarantee that specific plans will be available. 

8.                   Acceptable use of our Service

8.1               You agree that you will not in connection with the Service:

a)                   breach any applicable law, regulation or code of conduct;

b)                  use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;

c)                   do anything which may have the effect of disrupting the Service including  worms, viruses, software bombs or mass mailings; 

d)                  do anything which may negatively affect other Users’ enjoyment of the Service;

e)                  gain unauthorised access to any part of the Service or equipment used to provide the Service; 

f)                    use any automated means to interact with our systems excluding public search engines; or

g)                   attempt, encourage or assist any of the above.

9.                   Third party services / advertising / websites

9.1               We may display third party-provided services or display third party advertising within our Service and/or link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or services.  You use them at your own risk.

10.               Guidance

10.1           If we ourselves provide any guidance or other general information on our Service, we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

11.               Your account

11.1           Unless otherwise specifically stated on our Service, any account which we allow you to create on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

12.               Payment 

12.1           If you apply for a land registry search via our Service, any payment must be made in advance via the means we specify. The prices shown on our website include any applicable VAT unless we say otherwise. We will pay the official fee to HM Land registry and retain the balance as our own fee. You can find a breakdown between our fee and the official fee here. 

12.2           You must contact us immediately with full details if you dispute any payment. 

13.               Discount codes

13.1           We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. 

13.2           We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue.  We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

14.               Functioning of our Service 

14.1           We do not guarantee that the Service will be uninterrupted or error-free. 

14.2           We are entitled, without notice and without liability to suspend our website for repair, maintenance, improvement or other technical reason.  

15.               Liability

15.1           Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury  or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

15.2           Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

a)                   there is no breach of a legal duty owed to you by us or by any of our employees or agents;

b)                  such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract); 

c)                   such loss or damage is caused by you, for example by not complying with this agreement; or

d)                  such loss or damage relates to a business of yours.

15.3           Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

15.4           The following clauses apply only if you are not a Consumer:

a)                   If you have applied for a licence via our Service, our total aggregate liability of any kind (including our own negligence) is limited to the total fees paid by you to us in connection with our Service.

b)                  In no event (including our own negligence) will we be liable for any:

·                     economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

·                     loss of goodwill or reputation; 

·                     special, indirect or consequential losses; or

·                     damage to or loss of data

(even if we have been advised of the possibility of such losses).

c)                   You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.

d)                  To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. 

e)                  This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.  

16.               Intellectual property rights

16.1           The intellectual property rights in all material used on or in connection with our Service are owned by us or by our partners. For your personal use only, you may view such material on your device.  You must not otherwise use such material including copying, selling or adapting it or taking extracts from it without our specific prior written consent.    

16.2           Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.

17.               Privacy

17.1           You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.

18.               Events outside our control

18.1           We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

19.               Transfer

19.1           We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

20.               English law

20.1           This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.  You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is office@propertyconveyancingsearches.co.uk.

21.               General

21.1           We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

22.               Complaints

22.1           If you have any complaints, please contact us via the contact details shown below.

23.               Company information

23.1           Company name: Property Conveyancing Searches Ltd

23.2           Country of incorporation: England and Wales.

23.3           Registered number: 11785338

23.4           Registered office: Unit 78 Basepoint Business Centre Yeoford Way, Marsh Barton Trading Estate, Exeter, England, EX2 8LB

23.5           Main trading address: 5 Victoria Grove, Bristol BS3 4AN

23.6           Other contact information: See our website.

23.7           VAT number: 257663080

Version 2.1



Complete and return this form only if you wish to cancel the contract:
— To Property Conveyancing Searches Ltd of 5 Victoria Grove, Bristol BS3 4AN, email office@propertyconveyancingsearches.co.uk:

— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*], 

— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date

[*] Delete as appropriate
Property Conveyancing Searches Ltd. Registered in England & Wales. Company Number 11785338. Registered address Unit 93, Basepoint Business Centre Yeoford Way, Marsh Barton, Exeter, Devon, England, EX2 8LB. We are an independent issuer and are not affiliated with the UK Government or HM Land Registry.

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