Land Box - Register

Definitions

In these terms & conditions, the following terms have the following meanings:

"Authorised Reseller" means an agent or reseller of Land Box whom Land Box Ltd has duly appointed to resell its Services.
"Content" means any data, computing and information services and software, and other content and documentation or support materials and updates included in and/or supplied by or through the Websites, in Reports or Services or in any other way by Land Box Ltd and shall include Land Box Ltd developed and Third Party Content.
"First Purchaser" means the first person, or legal entity to purchase the Property Site following provision of a Report.
"First Purchaser's Lender" means the funding provider for the First Purchaser
"Information Pack" means a pack compiled by or on behalf of the owner or prospective buyer of the Property Site, designed to aid the marketing or purchase of the Property Site and containing information provided by or on behalf of the owner or prospective buyer of the Property Site.
"Intellectual Property Rights" means copyright, patent, design right (registered or unregistered), service or trade mark (registered or unregistered), database right or other data right, moral right or know how or any other intellectual property right.
"Order" means the request for Services from Land Box Ltd by You.
"Property Site" means a land site on which Land Box Ltd provides a Service.
References to "We" , "Us" and "Our" are references to Land Box Limited ("Land Box"), whose registered office is C/O Robin Oatridge & Co, Diamond house, 6-8 Watkin Land, Lostock Hall, Preston, PR5 5RD. Where You are not ordering the Services directly from Land Box Ltd, but from an Authorised Reseller, references to "Land Box Ltd" or "We", "Us" and "Our" shall be construed so as to mean either Land Box Ltd and/or the Authorised Reseller as the context shall indicate.
References to "Customer/You/Your/Yourself" refer to the contracting party who accesses the Website or places an Order with Land Box Ltd.
"Report" includes any information that Land Box Ltd supplies to You including all reports, datasets, software , data displayed on screen or information contained in them.
"Services" means the provision of any service by Land Box Ltd pursuant to these Terms, including without limitation, any Report in whatever format.
"Land Box Ltd Fees" means any charges levied by Land Box Ltd for Services provided to you.
"Suppliers" means any organisation who provides Content of any form to Land Box Ltd.
"Terms" means these terms and conditions.
"Third Party Content" means the services, software, information and other content or functionality provided by third parties and linked to or contained in the Services.
"Websites" means websites hosted by Land Box Ltd and includes the Content and any report, service, document, data-set, software or information contained therein, derived there from or thereby.

The Agreement

Land Box Ltd agrees to supply to the Customer the Services subject to these Terms and the Customer agrees that by purchasing the Services it accepts these Terms, for the avoidance of doubt, notwithstanding any references to sale or purchase of Services, it is noted that the provision of the Services is under licence and nothing in these Terms shall operate as or be deemed to be an assignment or transfer of the Services or any intellectual property rights in the Services.
Purchase or use of the Services by the Customer shall be deemed to be acceptance of these Terms (as amended from time to time). The Customer is responsible for reviewing regularly the information posted (currently http://http://www.landbox.co.uk/terms_conditions.php) and continued use of the Services following such change indicates acceptance of the changes that have been made.
The Customer is solely responsible for inputting data relevant to the Order of a Service or use of web based service provision, and Land Box Ltd shall not be liable (nor shall the Customer be entitled to any refund) in the event such information is not provided correctly.
Land Box Ltd reserves the right to refuse access to information and reports or any order by a Customer, which contains incomplete or incorrect information. Any costs already incurred by Land Box Ltd in connection with such information provision or Order prior to refusal shall be borne in full by the Customer.
These Terms govern the relationship between the Customer and Land Box Ltd, and are deemed to have been accepted by the Customer when it places any Order for a Service, pays for any Services provided or accesses any online services where the Customers password and username are required for access.
These Terms together with the formal quotation & Payment Terms, Land Box Ltd's privacy policy and any terms set out in its website, comprise the entire agreement between Land Box Ltd and the Customer. No prior stipulation, agreement, promotional material or statement should be treated as a variation of these Terms, nor any amendment or other Terms provided by the Customer operate to vary or replace these Terms. Where any conflict or ambiguity arises between these Terms and the annexed product specific terms (relating to Ordnance Survey, Land Registry, Planning Data & CACI Content) the latter terms shall prevail.

The Services

Whilst Land Box Ltd will use reasonable care and skill in providing the Services to the Customer, the Services are provided to the Customer on the express basis that the Customer acknowledges and agrees to the following:
the Content supplied in the Services are derived from publicly available records and other third party sources and Land Box Ltd does not warrant the accuracy or completeness of such Content; and
the Content supplied in the Services is derived solely from those sources specifically cited in each of the relevant Services and Land Box Ltd does not claim that these sources represent an exhaustive or comprehensive list of all sources that might be consulted; and
Land Box Ltd does not guarantee that all past or current uses or features will be identified in the Services; and
the Services provided by Land Box Ltd are professional business to business services and not intended for use or interpretation by persons other than professional persons skilled in the use of property and environmental information; and
Land Box Ltd shall not be responsible for errors or corruption in the Services resulting from inaccuracy or omission in primary or secondary information and data, inaccurate processing of information and data by third parties, computer malfunction or corruption of data whilst in the course of conversion, geo-coding, processing by computer or electronic means, or in the course of transmission by telephone or other communication link, or printing; and
the Services do not give details about the actual state or condition of a Property Site nor should they be used or taken to indicate or exclude actual suitability or unsuitability of a Property Site for any particular purpose, or relied upon for determining saleability or value, or used as a substitute for any physical investigation or inspection; and
Land Box Ltd reserves the right to update, modify or delete the Content comprising any Services at any time and does not give any warranty regarding the completeness or accuracy of any Content provided as part of any Services.

Liability

Land Box Ltd accepts liability and provides warranties only as set out in this clause. As most of the information contained in the Services is provided to Land Box Ltd by others, Land Box Ltd cannot control its accuracy or completeness, nor is it within the scope of the Services to check the information at source. Accordingly, Land Box Ltd will only be liable to the Customer for any loss or damage caused by Land Box Ltd's negligence or wilful default and neither Land Box Ltd nor any Supplier shall in any other circumstances be liable for any inaccuracies, faults or omissions in the Services. The Suppliers do not warrant the accuracy of the information they supply to Land Box Ltd, who therefore have no control over the content quality or reliability of the Content in the Services and accordingly Land Box Ltd cannot and does not give any assurances regarding the quality or suitability or fitness for purpose of any of the Services. All Services are supplied on the assumption that the Customer has correctly input the relevant information for their Order.
Land Box Ltd has prepared the Services for use only by the Customer and for no other purpose whatsoever and the Services should not be relied upon by any third party. Land Box Ltd cannot accept any responsibility and will not be liable to any third party for any loss caused as a result of reliance upon the contents of the Services. The Customer is to rely on its own skill and judgement in determining the suitability of the Services for its own purpose and use and the Customer is advised to use the Services with caution and not to base business decisions solely on the same. The Services are merely one of the tools available for the assessment of environmental, geological or other property or land-related risks and should be used in conjunction with other recognised methods of evaluation.
All representations, warranties, guarantees and conditions (whether express or implied, by statute, Common Law, collateral or otherwise) as to fitness for any particular purpose, satisfactory quality or otherwise are expressly excluded to the fullest extent permitted by law.
Nothing in this Agreement shall exclude or restrict Land Box Ltd's liability for death or personal injury resulting from the negligence of Land Box Ltd or its employees while acting in the course of their employment or arising from a breach of its statutory duty. Subject to the foregoing, Land Box Ltd shall not be liable to the Customer for loss of profits; or loss of contracts; (or, without limitation, other indirect or consequential loss or damage) resulting from any event or default by Land Box Ltd in the provision of the Services to the fullest extent permitted by law. Time shall not be of the essence with respect to the provision of the Services. Land Box Ltd shall not be liable for any delay, interruption or failure in performance of its obligations hereunder which is caused or contributed to by any circumstance which is outside Land Box Ltd's reasonable control, including (without limitation) war, flood, riot, Act of God, strike or other labour dispute (including those affecting Government officials), suspension or delay of service at public registries, change in the law, lack of power, telecommunications failure or overload, or computer malfunction.
On receipt of the Services the Customer shall make a reasonable inspection to satisfy itself that there are no apparent defects or failures. Land Box Ltd will, subject as otherwise provided herein, accept no responsibility for any defect or failure in the Services notified to it (a) after 7 days following discovery of any defect or failure in the Services; or (b) after 6 months after receipt of the Services by the Customer. Except as otherwise provided in this Agreement, Land Box Ltd's aggregate liability in connection with this Agreement or the provision or use of the Services, whether in contract or in negligence or in any other way, for damages or loss sustained or incurred by the Customer shall be limited to an aggregate amount not exceeding £100,000.
The Customer shall have no claim or right of recourse against any Supplier (save for Land Box Ltd, on the terms above), nor shall the Customer hold Land Box Ltd responsible for any selection of or retention of data, nor any acts or omissions by any third party supplier to Land Box Ltd. Land Box Ltd does not promise that the supply of the Services will be uninterrupted or error free or provide any particular facilities or functions nor that the data will always be complete, accurate, precise, free from defects of any kind, computer viruses, software locks or similar code or free from errors due to third party processing including any geo-referencing. The Customer assumes the entire risk of the suitability of the Services and waives any claim of detrimental reliance on the same.

Copyright & Confidentiality

The Customer acknowledges that the copyright, trademarks, database rights, design rights and any other intellectual property rights in the Services are and shall remain the property of Land Box Ltd and/or its Suppliers and this agreement does not purport to grant, assign, licence, or transfer any rights to the Customer in respect thereof. The Customer shall have no rights over any intellectual property contained in the Services, including without limitation, any right to sub licence the Services or any element of it.
Subject to 4.viii, the Customer agrees that it will treat (and cause its employees, agents and servants to treat) as strictly private and confidential the Services and all information which it obtains from the Services and any disclosure to employees or servants of the Customer shall be for the Customer to conduct its internal business only. The Customer further agrees that it will comply with any specific directions with regard to security or confidentiality as notified by Land Box Ltd from time to time. The requirement in this clause to treat the Services as confidential shall include a requirement to maintain adequate security measures to safeguard the Services from unauthorised access, use or copying.
The Customer agrees to hold Land Box Ltd indemnified against any losses, costs, claims and damage suffered by Land Box Ltd as a result of any breach by the Customer of the terms of this Clause 4.

The Customer agrees:

not to remove suppress or modify, amend alter or obscure any trademark, copyright or other proprietary marking belonging to Land Box Ltd and the Suppliers from the Services, nor add any other such marking to the Services without the prior written consent of Land Box Ltd;
not to create any Services which is derived directly or indirectly from the Content contained in the Services;
not to combine the Services with or incorporate such Services into any other information, data or product;
not to re-format or otherwise change (whether by modification, addition or enhancement) Content contained in the Services;
not to provide the Services or any part thereof to third parties without the express written permission of Land Box Ltd, nor copy, use, market, resell, distribute, merge, alter add to or carry on any distribution, translation or publication of the Services or seek to reverse engineer decompile or disassemble the Services; and not to use the Services except strictly in accordance with these Terms and not for any other purpose, nor should any use be made of the Services that would or might be deemed to be disparaging to any of the Suppliers.
The Customer shall comply with the conditions for use of the Services as set out in the Annex hereto.
The Customer acknowledges that the Services are confidential and intended for personal use or internal business use of the Customer only.
Where mapping or address data is provided by Ordnance Survey, such mapping or address data contained in any Services is protected by Crown Copyright and must not be used for any purpose outside the context of the Services. Where mapping or address data is provided by any other Supplier, including without limitation, Allied Computing & The Post Office such mapping or address data is the copyright of such Supplier and must not be used for any purpose outside the context of the Services.
With regard to Ordnance Survey Mapping or address data, subject to clause 4.vii and 4.x copying in whole or any part by any means of the map prints or run on copies provided with the Services is not permitted without appropriate licensing from the relevant Supplier. The Customer must already be in possession of or obtain a valid Ordnance Survey Licence if it wishes to make any further copies of any Ordnance Survey information supplied with or forming all or part of any Services.
The Customer is permitted to produce printed output from Land Box Ltd for internal use only.
The Customer shall use the relevant Service for a period of 12 months from the date that Service is received by the Customer only and shall forthwith thereafter or forthwith on termination for whatever reason destroy all copies of the relevant Services howsoever stored and shall certify on request to Land Box Ltd that no copies have been retained and no further use shall be made of the Services.
The Customer shall not remove alter or in any way change any trademark or other proprietary marking on any element of the Services and shall acknowledge ownership of the Services where it is used or incorporated into any other documents, whether or not this is provided to any third party.
Any Supplier shall be entitled to enforce any of the provisions set out in these Terms as if it were a party hereto.

General

Promotional materials or samples supplied by Land Box Ltd do not form part of this Agreement. Each of the clauses and sub-clauses of these Terms is distinct and severable. If any provision of these Terms shall be determined to be invalid, illegal or unenforceable, the remainder of these Terms shall continue to be valid, legal and enforceable to the fullest extent of the law. Land Box Ltd reserves the right to revise its Terms from time to time. The Customer is therefore advised to check the Terms (currently http://landbox.co.uk/terms_conditions.php) regularly as the Customer will be bound by the terms in place on the date the Service is purchased.
The Customer shall pay the price for the Services without any set off, deduction or counterclaim. Land Box Ltd shall not be obliged to invoice any party other than the Customer for the provision of a Service, but where Land Box Ltd does so invoice any third party at the request of the Customer, and such invoice is not accepted or remains unpaid, Land Box Ltd shall have the option at any time to cancel such invoice and invoice the Customer direct for such Service. Where the Customer's Order comprises a number of Services or severable elements within any one or more Service, any failure by Land Box Ltd to provide a Service or elements of a Service shall not prejudice Land Box Ltd's ability to require payment in respect of the Services or elements of the Services delivered to the Customer as the circumstance shall indicate. In addition, Land Box Ltd may charge interest on overdue amounts at 3% over the National Westminster Bank base rate from time to time from the due date until payment in full is made. VAT at the prevailing rate shall be payable in addition to the price for the Services (as set out in Land Box Ltd's price list as referred to above).
Any time or indulgence granted by Land Box Ltd or delay in exercising any of its rights under the Agreement shall not prejudice or affect Land Box Ltd's rights or operate as a waiver of the same.
Land Box Ltd reserves the right to refuse to supply the Services or any of them to a Customer at any time prior to acceptance of an Order, including without limitation, altering the specification of or price charged for any Services, or amending these Terms. Whilst Land Box Ltd shall endeavour to give the Customer notice of any such alterations, the Customer acknowledges that such amendments may be required of Land Box Ltd by its Suppliers and as such, Land Box Ltd is entitled to require implementation forthwith without notice, and the Customers continued use of the Services or placing any further Order for Services shall be deemed to constitute acceptance of any such amendment.
Land Box Ltd may, at any time and at its sole discretion suspend or terminate the Customer's access to the Services, or any of them, and shall not be obliged to provide any notice of such suspension or termination. In the event that such action is taken, Land Box Ltd shall not incur any liability to the Customer whatsoever.
Land Box Ltd may assign its rights and obligations under these Terms without prior notice or any limitation. The Customer shall not be entitled to assign its rights or obligations pursuant to the Agreement.
Land Box Ltd may suspend or terminate the provision of the Services if the Customer is bankrupt or insolvent or makes any voluntary arrangements with its creditors or becomes subject to an administration order or has an administrative receiver appointed over any of its assets or if Land Box Ltd has reason to believe that any of foregoing conditions may come into existence or any amount owing to Land Box Ltd is overdue or the Customer has exceeded any credit limit or in the event the Customer has breached any of the obligations set out in these Terms and in the event of a breach capable of remedy, has failed to so remedy the breach within 7 days of receiving written notice from Land Box Ltd specifying the breach and remedial action to be taken.
The Agreement shall at all times be governed construed and enforced in accordance with English Law which shall be the proper law of the Agreement, and both parties thereby submit to the exclusive jurisdiction of the English courts. If any dispute arises out of or in connection with these Terms ('Dispute') the parties undertake that prior to commencement of court proceedings they will see to have the Dispute resolved amicably by use of an alternative dispute resolution procedure acceptable to both parties with the assistance of the Centre for Dispute Resolution, such procedure to be commenced by the service of written notice by one party to the other. If the Dispute has not been resolved to the mutual satisfaction of the parties within 60 days (or such other period as they shall agree) of initiation of the procedure or if either party refuses to participate, then either party may refer the Dispute to the courts.
Land Box Ltd's privacy policy as displayed and updated from time to time on its website (http://landbox.co.uk/privacy_policy.php) governs the use that will be made of information that you provide.
The Customer agrees not to reverse engineer, decompile or disassemble the Services or use or attempt to use the Services for any purpose other than the purpose for which it is supplied under these Terms. The Customer further undertakes not to attempt in any way to circumvent or subvert the charging mechanisms used in connection with the Services.
The Customer shall comply with all requirements of the relevant Data Protection law.
The Customer hereby agrees to indemnify Land Box Ltd from and against all costs, claims, expenses and damages, whether direct or indirect, caused by the Customer of any of its obligations under this Agreement, including without limitation any unauthorised use of the Services.
Land Box Ltd or any Supplier shall be entitled at any time following the supply of any Services to audit the Customer's compliance with the provisions of these Terms, including without limitation compliance with the security and confidentiality obligations, the use of intellectual property rights and compliance with the ordering and payment procedures and the Customer shall give Land Box Ltd or the Supplier all reasonable assistance in connection with such audit, including without limitation granting access to relevant personnel, books and records. In the event that such audit shall uncover any non-compliance with these Terms, Land Box Ltd reserves the rights to refuse to supply any further Services to the Customer and notwithstanding this, the Customer shall indemnify Land Box Ltd against any losses that it may have suffered or incurred as a result of the Customer's breach of its obligations.
Unless otherwise stated in these Terms all notices from the Customer to Land Box Ltd shall be in writing and sent to the Land Box Ltd registered office. All notices from Land Box Ltd to the Customer shall be displayed on the website, or in the case of individual correspondence, sent to the last known address of the Customer, who shall be obliged to notify Land Box Ltd of its address details and any amendments thereto.
A person who is not a party to any contract made pursuant to these Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any terms of such contract and Land Box Ltd shall not be liable to any such third party in respect of the Services, save that any Supplier may enforce any of these Terms against the Customer in accordance with the Contracts (Rights of Third Parties) Act 1999.

Fees and Payment

It is the Customers responsibility to ensure that the Fees (as stated in this agreement or other document supplied to the Customer) and all other fees and expenses relating to the use of Land Box (some of which may be subject to a separate agreement) are paid each Year/Month. Unless Land Box Ltd agrees otherwise in writing the Fees should be paid on or before any service provision by Land Box Ltd, whether directly by the Customer, or on the Customer's behalf by a third party (such as a relative, employer).
The payment of any sums intended to be in respect of Fees by or on behalf of the Customer does not in itself indicate the existence of a contract between Land Box Ltd and the Customer for the provision of services to that Customer. A contract shall only come into being when Land Box Ltd has given notification of acceptance of the Customer as a member subject to meeting the further conditions required.
Any information displayed in the online payment facility in respect of the amount of Fees due from the Customer is for guidance only. The definitive amount of Fees payable will be notified to the Customer by the finance department.
All payments made through the online payment facility must be made in Pounds Sterling (£). Any currency conversion costs or other charges incurred in making the payment or in processing a refund shall be borne by the Customer or the third party making payment, and shall not be deductible from the Fees due to Land Box Ltd.
Once a payment has been verified and received by the Service Provider, the payment may not be cancelled. In certain circumstances the Customer, or the third party making payment, may be entitled to a refund in accordance with Clause 4 below.
Land Box Membership is strictly an annual membership and by entering into an agreement with Land Box the full annual fee becomes immediately payable.
Cancellation and Refunds
As the products that we provide to you are immediately available for Customer use upon acceptance of the application to receive them, the Customer will not be able to cancel this Agreement under Regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000.

Refunds

General policy - Land Box will not refund the Customer for any payments made for any products or services. Suspension and Termination

Land Box may immediately suspend or terminate access to any products or services if:
any payment that owed to Land Box is declined, rejected or reversed for any reason during the subscription period;
the Customer breaches any of these terms; or
Land Box have reasonable grounds for suspecting fraud or improper use.
The Customer will not be entitled to any refund if Land Box suspend or terminate service for any of reasons set out under this clause.

Changes to these terms

Land Box may change these terms at any time by publishing revised or new terms on the Land Box website. By using this website and purchasing Land Box products after terms are changed, The Customer accepts and will be bound by them. Land Box notify the date the changes were last made by showing the date of the changes on the Website, so it is important that Customers check this page from time to time to take notice of any changes made.

Security

All payment details which are entered through the payment gateway are encrypted when the Customer, or third party making payment, enters them. Communications to and from the Service Provider's site are encrypted.
Land Box Ltd shall not be liable for any failure by the Customer or third party making payment of Fees to properly protect data from being seen on their screen by other persons or otherwise obtained by such other persons, during the online payment process or in respect of any omission to provide accurate information in the course of the online payment process.

Payment Service Provider

Online payments of Fees can be made by credit or debit card. These payments are not collected by Land Box Ltd directly but by a third party service provider. On accepting these terms and conditions the Customer, or third party making payment, will be redirected to a website which is maintained and administered by the third party service provider.
The Customer, or third party making payment, will then be asked to submit appropriate personal and financial information to the third party service provider so that the online payment process can be offered.
Where Fees are being paid in full, payment can be made either by credit or debit card via the website maintained and administered by the third party service provider.
Once payment is received by the third party service provider in cleared funds,, the third party service provider will contact Land Box to confirm the details of the successful payment made by the Customer, or third party making payment. On receipt of this confirmation Land Box Ltd will confirm to the Customer that the payment has been received and accepted by Land Box Ltd. In the event that the Customer does not receive confirmation within 14 days of making the payment it is the responsibility of the Customer to check with Land Box Ltd that the payment has been accepted.
The Customer shall remain responsible for the Fees until such time as the confirmation above is received from Land Box Ltd in relation to each of these (and any other outstanding) amounts owed to Land Box Ltd.

ANNEX: SUPPLEMENTAL CONDITIONS OF USE

CACI

CACI warrants that any services will be provided and any Deliverables produced with reasonable care and skill. The Customer acknowledges that any classifications in the Deliverables reflect statistical probabilities only and as such no warranty can be given as to their accuracy and no guarantee can be given as to any particular outcome arising from use of the Deliverables.
Every Report and copy thereof shall include a notice to the effect that said report has been produced using data derived from data supplied by CACI.
Data from the Census contained in the deliverables ("Census Data") was derived from the 2001 Census and was supplied under licence from ONS. The Census Data is subject to Crown Copyright and may not be further published or transferred to any party, other than pursuant to this Agreement, whether in whole or in part without written permission of ONS. The client shall ensure that on all copies of the Census Data (i) the following copyright statement is reproduced: "Census output is Crown copyright and is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland" and (ii) the following notice is prominently displayed: "source: 2001 Census Area Statistics.

LAND REGISTRY

Permitted Use. Viewers of Land Registry information are granted permission to access this Crown copyright material and to download it into electronic, magnetic, optical or similar storage media provided that such activities are for private research, study or in-house use only. Any other use of the material requires the formal written permission of Land Registry which can be requested from them directly, and is subject to an additional licence and associated charge.
You will ensure that you do not use the Information in a way which is inconsistent with English or European Union Law including without restriction the provisions of the Data Protection Act 1998, the Human Rights Act 1998 or the Freedom of Information Act 2000;
You will not use the information for the purpose of direct marketing; advertising or promoting a particular product or service, or in a way which could imply endorsement by the Land Registry or any government department, or in any possible way which could effect the integrity of the Register kept by the Land Registry or the reputation of any of their existing services and any existing contractual commitment or generally in a manner which is likely to mislead others.
If the data is to be used to form part of a Report produced and re-sold by the Customer this would not be regarded as in-house and the Customer would require a separate contract with the Land Registry. If the Customer uses the Land Registry prices shown as part of his understanding of the market in an area so that when he values a property in the same area he has a realistic idea of the selling prices of similar properties. This would be regarded as in-house use.