Definitions
“Home Sale Online” means www.homesaleonline.co.uk, any website owned by or related to it or any person working for or associated with Survey Scotland Ltd trading as Home Sale Online.
“Seller” means any estate agent, developer, company or any other person or persons advertising their property for sale on Home Sale Online.
PACKAGE 1 – TERMS OF USE
The following Terms of Use are applicable to our first package (involving a Home Report and Property Advertising). Please read the following terms of use carefully before using our website and / or services.
1. Acceptance of Terms of Use
1.1 By accessing this web site or any other web site owned by Home Sale Online (www.homesaleonline.co.uk) and continuing to access this web site, you are agreeing to be bound by
all of the following Terms and Conditions, which shall take effect from first use or access.
1.2 You agree to use Home Sale Online only for lawful purposes and in a way that does not infringe on the rights of, restrict or inhibit anyone else’s use of this web site. Prohibited use includes, but is not limited to, transmitting obscene, offensive or fraudulent content or disrupting the normal use or service of this web site.
2. Accuracy of Information
2.1 In no event or circumstance shall Survey Scotland Ltd trading as Home Sale Online be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence, arising out of or in connection with the use or performance of this information.
2.2 It is your responsibility to verify any information that you may obtain on Home Sale Online with independent authorities before acting upon it.
2.3 It is your responsibility to use suitable anti-virus software on any material that you may download from Home Sale Online.
3. Privacy Policy
3.1 Registration data and other personally identifiable information that we may collect is subject to our Privacy Policy.
4. Registration and Password
4.1 It is your responsibility to maintain the confidentiality of your login details and password. You shall be responsible for any use via your registration or login, whether you have authorized access or not. You agree to immediately notify us of any unauthorized access or use.
5. Banning Users
5.1 We reserve the right to ban users or remove any data supplied at our discretion. Any banned user must not then attempt to use this web site under any other name or through any other user.
6. Limitation of Liability
6.1 The Home Sale Online web site is provided as is, without any guarantee or warranty. We will not be liable for negligence, breach of contract, misrepresentation or otherwise, for a direct or indirect consequential damage suffered by you as a result of your use on our website.
6.2 We will not be liable for any computer virus transmitted through Home Sale Online. It is your responsibility to use suitable anti-virus software on any material that you may download from Home Sale Online.
6.3 We cannot be held responsible for any technical fault or problem arising from the use of this site, whether it is manifested on the client machine/browser or on our servers. We remain committed to high quality information but cannot accept any responsibility if this is not the case.
6.4 Home Sale Online is not responsible for matters concerning the creation or use of contracts after using this site / service. Our company cannot accept responsibility for any matters arising as a result of your dealings with any Private Owner as we are not involved in that process.
7. Copyright
7.1 All content and information contained within this web site is covered by U.K. copyright law and therefore deemed to be the sole property of Home Sale Online. No content on this website may be copied, modified or used in any way, shape or form without the written permission of Home Sale Online.
8. Advertisements
8.1 It is entirely the responsibility of the seller to manage and maintain their advertisement(s) on Home Sale Online. All information and photos should be accurate and informative as is reasonably possible at all times. No property should be advertised as For Sale that is not genuinely available For Sale; this will constitute a breach of section 1 of these Terms of Use.
8.2 Furthermore, you acknowledge and agree that we shall have the right (at our sole discretion) to refuse to publish or remove any content that you provide for your advertisement that we deem unsuitable, misleading or false.
9. Home Reports
9.1 Our Obligations
We reserve the right to reject an Order and if not rejected we may refuse to provide the Services at any time without giving any reason, in which circumstances a proportional refund of any payment would be made. Each Order if not rejected by us will constitute a separate and severable Agreement.
We will use our reasonable endeavours to ensure that the information contained within any report is accurate at the date of its publication. You accept, however, that information on which any report is based may be subject to change from the date of its publication and we cannot be held liable for failing to include or omit any information in the report which becomes available after the date of publication.
Any indication that we may give as to the time in which we will deliver the reports will be a good faith estimate only. We will use all reasonable endeavours to deliver the reports within the time-scale that we have estimated.
Subject to anything else contained within the terms of this agreement, all other warranties, conditions, terms, undertakings and obligations, whether express or implied are expressly excluded.
We will begin compiling or actioning the Home Report or any other service that is being provided for the property or for you in accordance with your order immediately upon the placement of your Order.
A full Home Report for a registered freehold property will usually be produced within 5 Working Days. Our standard Home Reports do not come with a generic Mortgage Valuation Report. If you would like to receive one, please inform us during the order process.
An EPC shall consist of an assessment of the Premises by the Chartered Surveyor and subsequent submission of an EPC. The Chartered Surveyor will not provide a survey, condition report or property valuation. Any additional services will be dealt with by a separate contract. The Chartered Surveyor will undertake a visual assessment and will not look at parts of the Premises which are covered, unexposed or inaccessible. The Chartered Surveyor will not pull up carpets or floor boards, or test the services within the Premises. Lofts will only be visually inspected if it is safe to do so, access is within 3 metres of floor level & it will not damage the Premises.
When you place an order with is, it is at our discretion which sites your property will be advertised on. We will not be held liable for any decision made by the company to cease advertising your property on any particular property portal.
When you place an Order with us, we will send you an email confirming receipt of your order.
9.2 Your Obligations
You will provide us with the Required Information.
You will at your expense provide all such information & co-operation as is reasonably required to enable us to provide the services. This shall include giving clear and safe access to all of the Premises, and ensuring that it is safe for the Chartered Surveyor to conduct the required survey.
You will ensure not to leave any child under the age of 16 alone to supervise the Home Report assessment.
If there is any conflict between a provision of any Third Party Reports relating to your permitted use of the Reports and the corresponding provisions in the terms of this agreement, the provisions of the Reports will prevail.
9.3 Cancellation
The Seller will be entitled to cancel the inspection by notifying the Surveyor’s office at any time before the day of the inspection. The Surveyor will be entitled not to proceed with the inspection (and will so report promptly to the Seller) if after arriving at the property, the Surveyor concludes that it is of a type of construction of which the surveyor has insufficient specialist knowledge to be able to provide the inspection satisfactorily.
The Surveyor will also be entitled not to proceed if after arriving at the property, the surveyor concludes that the property is exempt under Part 3 of The Housing (Scotland) Act 2006 as detailed in the (Prescribed Documents) Regulations 2008. If there is a potential threat to their health or personal safety, the inspection may be postponed or cancelled, at the Surveyor’s discretion.
In the case of cancellation by the Seller, for whatever reason, after the inspection has taken place but before a written or electronic report is issued, the Surveyor will be entitled to raise an Invoice equivalent to 80% of the agreed fee.
However, should the seller, for whatever reason, cancel the appointment on the day of the appointment, but prior to the inspection being carried out, the Surveyor will be entitled to raise an invoice for a flat fee of £50.
We reserve the right to charge a mileage and re-booking fee for cancellations not advised in advance of arrival at the property. An administration charge of approximately £50 will be imposed for any undue cancellations or non-appearances preventing admittance to the property without prior notification.
10. Complaints Procedure
10.1 We operate a formal Complaints Handling Procedure (CHP). In the first instance complaints should be submitted in writing addressed to The Director, Survey Scotland Ltd, Atlantic Chambers, Hope Street, Glasgow, G2 6AE.
10.2 An acknowledgement will be sent to the complainant in writing within 5 working days of receipt of the complaint.
10.3 A full response (or if this is not possible, an update) regarding the complaint will be sent to the complainant within 28 days of issue of the acknowledgement.
10.4 If you are dissatisfied with the response from the company you have the right to refer your complaint to our Independent Redress Scheme. Details of this can be obtained from Survey Scotland Ltd.
11. Third Party Website and Search Engines
11.1 Home Sale Online markets its services by providing links to its site from 3rd party search engines and web sites. Home Sale Online is not responsible for the content of the site where the links originates nor is it able to control where the links are posted and the type of material they are associated with.
12. Changes to Terms of Use
12.1 We reserve the right to change these Terms and Conditions without prior notice to you. If we change the Terms and Conditions, it will be posted on the website and become effective at the time of posting.
13. Contact Information
13.1 Home Sale Online is a trading style owned and operated entirely by Survey Scotland Ltd, registered in Scotland at Atlantic Chambers, 45 Hope Street, Glasgow G2 6AE, Company Registration No SC353212.
13.2 Any enquiry should be submitted to enquiries@homesaleonline.co.uk or via one of our contact forms found on this website.
