We amend these Terms from time to time as set out in clause 9. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.1. GENERAL
1.1 These Terms will apply to any contract between us for the sale of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Services from our site. Please note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in it
1.2 Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Services from our site.
1.3 You should print a copy of these Terms or save them to your computer for future reference.
2.1 The following definitions will apply to these terms and conditions
“Authorised User” means any individual employee, agent or representative of the Customer, registered by the Customer under the Customer’s account and authorised by the Customer to use the Services
“Complaint” means any verbal or written expression of dissatisfaction, whether justified or not.
“Customer” means any organisation (accepted by Us) requesting our Services pursuant to these Terms
“Materials” means any materials, documentation (including where relevant any licences required by third party data providers), software (in whatever form or media), passwords, usernames and any other tangible or intangible materials supplied to the Customer in performance of the Services
“REI Tool” means a tool made available on the site by Search Acumen that reads, extracts and compares relevant data from Search Reports or data from third party search reports provided by the Customer and converts the results into a standardised report format of the Customers choosing.
“Search Request” means a request from a Customer (in such form as may be required by us from time to time) for Search Reports, Insurance and/or Materials in respect of a specified property
“Search Report” means any data, Insurance or information (in whatever form) provided by us (or by a third party) in respect of a specified property in response to a Search Request including all data therein and any standardised report format created by the REI Tool.
(a) The creation and management of user accounts for Authorised Users within the Customer’s organisation for the purposes of utilising the Services
(b) The provision of assistance to the Customer in identifying Search Reports appropriate to the property location
(c) (where necessary) the processing and delivering of Search Requests to appropriate third parties and forwarding any corresponding Search Result to the Customer
(d) The processing and delivering of Search Reports to Customers
“We, Us Our” means Phoenix Searches Limited, more particularly described at clause 3.1
You or Your means the Customer (and/or any Authorised User)
3. INFORMATION ABOUT US
3.1 We operate the websites www.search-acumen.co.uk and www.searchacumen.co.uk. We are Phoenix Searches Limited, a company registered in England and Wales under company number 08450163 and with our registered office and main trading address is at The Maidstone Studios, New Cut Road, Vinters Park. Maidstone, ME14 5NZ
3.2 To contact us, please see our Contact Us page www.search-acumen.co.uk/contactus, or write to us at our trading address stated above
We will provide the Services to Customers in accordance with these Terms and use our reasonable endeavours to make the Services available for Customers to use 24 hours per day, 365 days per year (except during necessary maintenance periods) for properties within the England and Wales
5. USE OF OUR SITE
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
6. HOW WE USE YOUR PERSONAL INFORMATION
7. CUSTOMER OBLIGATIONS
7.1 You confirm that you have the authority to bind any business on whose behalf you use our site to purchase Services.
7.2 You will provide information to us that is complete, true, accurate and not misleading
7.3 PLEASE NOTE that Our Services are provided on the assumption that the value of any property upon which a Search Request is made is not more than £2,000,000.00. It is your responsibility to advise Us at the time of submitting a Search Request if the value of a property exceeds £2,000,000.00. We will have no liability in excess of that set out in clause 14.
7.4 Notify us of any changes to Your information
7.5 You are responsible for:
(a) Ensuring that You and any Authorised Users have suitable equipment and/or software in order to access the Services
(b) The accuracy and reliability of any data that you may provide to Us in order for Us to provide the Services
(c) Ensuring that any username and password is kept confidential and are not released to any third parties who are not Authorised Users
(d) All activity, use, charges arising from any use of the Services associated with Your account with Us, including any unauthorised activity, use or charges arising as a result of unauthorised third-party use
(e) The use for which you apply of any of the Search Reports and Materials that we may provide to You through the Services
(f) Making a reasonable inspection of any Search Reports and Materials to ascertain whether there are any defects or errors.
8. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
8.1 Before you can order any Services from us, the Customer will be asked to complete our registration process. We reserve the right to decline any application at our discretion.
8.2 If We accept Your application, We will provide You (and any other Authorised Users) with a username and password and email confirmation when the account(s) has(ve) been activated.
8.3 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
8.4 We will confirm our acceptance to you by sending you an e-mail (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
8.5 If we are unable to supply you with a Search Result or Materials, for example because that item is not available or because of an error in the price on our site as referred to in clause 12.1. we will inform you of this by e-mail and we will not process your order. If you have already paid for the Services, we will refund you the full amount as soon as possible.
9. OUR RIGHTS
9.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements
(c) as we may reasonably require from time to time
9.2 Every time you order Services from us, the Terms in force at that time will apply to the Contract between you and us.
9.3 Whenever we revise these Terms in accordance with this clause 9, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9.4 We may:
(a) Deny access to all or any part of the Services or our website if You or any Authorised User breaches any of these Terms
(b) Deny access to all or any part of the Services or our website in the event of an Event Beyond Our Control
10.1 Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.2 Delivery will be made electronically to the email address that you specify in registration as your preferred method of communication. In rare cases, it may only be possible to deliver search Results and/or Materials in hardcopy via post or DX. In such cases, we will notify you in advance and delivery will be completed when we deliver the Search Results and/or Materials to the postal, DX (as the case may be) provided
11. NO INTERNATIONAL DELIVERY
11.1 Unfortunately, we do not deliver by post or DX to any addresses outside the UK.
11.2 You may place an order for Services from outside the UK, but this order must be for delivery to an address in the UK.
12. PRICE OF SERVICES
12.1 The prices of the Services will be as quoted on our site at the point of placing the order in accordance with Clause 8.3 . In the event that we are unable to provide a price at that stage, the order will not be processed until we have contacted you with price details and you have confirmed your agreement to such price. We will then confirm the order in accordance with clause 8.4
12.2 Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation. The price of the Services excludes VAT and the Customer shall be additionally liable to pay VAT on the Services at the applicable rate in force from time to time.
13. HOW TO PAY
13.1 Payment for the Services is by direct debit. You will be required to sign a direct debit instruction permitting us to collect any amounts due directly from your bank. You will not be permitted to use the Services until we are satisfied that a valid direct debit instruction is in place. We will send you an invoice confirming the Services provided in the relevant period and the charges to be applied each month and the direct debit payment will be collected within 7 days [of the date of the invoice].
13.2 Notwithstanding clause 13.1 above, we may, at our absolute discretion, consider alternative payment methods and terms, subject to any additional checks or further information as we may reasonably require.
14. OUR LIABILITY TO YOU
14.1 We only supply the Services for in the normal course of your business, including:
(a) The making and storing of electronic and/or hardcopies of Search Results for its own internal purposes
(b) The incorporation of the Search Result into written advice prepared by the Customer and/or disclosure of the Search Result in the ordinary course of business
14.2 We warrant that :
(a) The Services we provide under these Terms will be provided with reasonable skill and care
(b) We are authorised to provide the Services on these Terms; and
14.3 No representations or warranties are made in respect of:
(a) The accuracy, completeness, quality and/or fitness for purpose of any response or data provided by third parties; and
(b) The Services meeting the Customer’s individual requirements (or those of their clients or other third parties) and it is the Customer’s responsibility to ensure that the Services meet its requirements (and/or those of its clients and other third parties)
14.4 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
14.5 Subject to clause 14.2, we will under no circumstances whatever be liable to You (or Your clients or third parties), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
14.6 Subject to clause 14.3 and clause 14.5 (and correct notification in accordance with 7.3), our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £10,000,000.
14.7 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
15.1 You agree to indemnify and hold harmless Us (and Our parent, subsidiary companies and the respective employees, officers and agents) from any claim, demand, and any associated costs, interest asserted by any third party arising out of any breach by You of any of these Terms or as a result of any breach by You of Your professional duties.
16.1 This Contract may be terminated by either party at any time by giving 30 days written notice to the other party
16.2 This Contract may be terminated by either party with immediate effect if the other party is in material breach of its obligations under these Terms
17. EVENTS OUTSIDE OUR CONTROL
17.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.3.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure or delay by any third party data provider; strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18. COMMUNICATIONS BETWEEN US
18.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
(a) If you wish to contact us in writing for any reason, you can send this to us by e-mail or by pre-paid post to The Maidstone Studios, New Cut Road, Vinters Park, Maidstone ME14 5NZ or email to firstname.lastname@example.org . You can always contact us using our Customer Services telephone line.
18.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
18.3 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. SEARCH CODE
19.1 We are registered with the Property Codes Compliance Board and any Services provided under these Terms will be compliant with the Search Code
20. COMPLAINTS PROCEDURE
20.1 If you wish to make a complaint about any aspect of our Services, you can do so using our Complaints Procedure a copy of which can be viewed here.
a) We will handle any complaints both speedily and fairly. If you are not satisfied with our final response, or if we exceed the response timescales, you may refer the complaint to The Property Ombudsman scheme (TPOs): Web site www.tpos.co.uk
20.2 If you make a complaint and we are unable to resolve it to your satisfaction you may refer the complaint to The Property Ombudsman scheme (website www.tpos.co.uk, email: email@example.com ) or the Financial Ombudsman Services (FOS) for any complaint relating to Insurance products. Details of the FOS can be found below.
The Financial Ombudsman Service
0800 023 4567 (landline)
0300 123 9123 (mobile)
Further information is available on the Financial Ombudsman Service website http://www.financialombudsman.org.uk
We will co-operate fully with the Ombudsman during an investigation and comply with his final decision.
If you employ a professional to represent you, you will need to meet their costs yourself.
21. OTHER IMPORTANT TERMS
21.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
21.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
21.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
21.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.7 These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
21.8 both You and Phoenix Searches Limited shall pay due regard to, and co-operate in respect of the observance of any applicable financial crime and international economic, financial or trade sanctions laws and regulations which bind You or Phoenix Searches Limited;
21.9 neither party shall take any action which facilitates the evasion of taxes anywhere in the world or which is contrary to any related financial crime laws and regulations (including without prejudice to the generality of the foregoing the Criminal Finances Act 2017).
21.10 neither party shall be involved in the offering, promising or giving of any financial or other advantage to any person in breach of any laws and regulations against bribery (including without prejudice to the generality of the foregoing the Bribery Act 2010).
21.11 the parties shall insofar as required to do so, and whether or not any Party is an associated person of another for the purposes of the Bribery Act 2010, the Criminal Finances Act 2017 or any other relevant laws and regulations, maintain on an ongoing basis appropriate systems, procedures and controls designed to prevent any breach of paragraphs 6.7.14 to 6.7.16 above;
21.12 in order to purchase any Insurance Products or Bonds, You are authorised by the Financial Conduct Authority, an appointed representative (‘AR’) of an authorised firm or are registered as an Exempt Professional Firm (EPF);
21.13 Any insurance premiums received by Phoenix Searches Limited from You will be held as an agent of the insurer by reason of risk transfer. If you pay a premium to Phoenix Searches Limited, it will be treated as being received by the insurer(s). It also means that if the insurer(s) pay(s) claims money or returns premiums to Phoenix Searches Limited which we fail to forward to You, the insurer(s) will still be liable to You.
21.14 For Insurance Products, Phoenix Searches Limited acts as agent for the insurer with whom the risk is placed and receives a percentage commission from the insurer taken from the premium against gross written premium. Insurers which Phoenix Searches Limited may place business with can be viewed on CLS’s capacity page https://clsl.co.uk/about-us#.
21.15 You will not receive advice or a personal recommendation from us. We will ask sufficient questions to establish your demands and needs. Any quotation we give you will be consistent with those demands and needs. You will then need to decide how to proceed and whether you consider if the product is suitable for you.
We do not guarantee the solvency of any insurer we place business with.
22. APPOINTED REPRESENTATIVE
22.1 Phoenix Searches Ltd trading as Search Acumen is an Appointed Representative of Infotrack Ltd. Infotrack Ltd is authorised and regulated by the Financial Conduct Authority.