(1) Introduction
These terms and conditions are divided into 3 parts. Part A
contains general terms relating to the use of our website; Part
B contains special terms relating to registered clients; and
Part C contains special terms relating to registered assessors.
By using our website, you accept these terms and conditions
in full. If you disagree with these terms and conditions or
any part of these terms and conditions, you must not use our
website. If you register with the website as a client or an
assessor, we will ask you to expressly agree to these terms
and conditions.
(2) These terms and conditions
These terms and conditions are provided in the English language
only.
We will not file a copy of these terms and conditions specifically
in relation to each registered user and, if we update these
terms and conditions, the version to which you originally agreed
will no longer be available on our website. For this reason,
we recommend that you print and file a copy of these terms and
conditions for future reference.
PART A: GENERAL TERMS AND CONDITIONS
(3) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual
property rights in the website and material on the website.
Subject to the licence below, all these intellectual property
rights are reserved.
You may view, download for caching purposes only, and print
pages from the website for your own personal use, subject to
the restrictions set out below and elsewhere in these terms
and conditions.
You must not:
(a) republish material from this website (including republication
on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material
on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website (save
using website functionality designed for this purpose); or
(f) redistribute material from this website except for content
specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution,
it may only be redistributed within your organisation.
(4) Acceptable use
You must not use our website in any way that causes, or may
cause, damage to the website or impairment of the availability
or accessibility of the website; or in any way which is unlawful,
illegal, fraudulent or harmful, or in connection with any unlawful,
illegal, fraudulent or harmful purpose or activity.
(5) Restricted access
We reserve the right to restrict access to areas of our website,
or indeed our whole website, at our discretion.
We also reserve the right to discontinue the website and website
services, without notice to you, in our sole discretion.
If we provide you with a user ID and password to enable you
to access restricted areas of our website or other content or
services, you must ensure that that user ID and password is
kept confidential. We may disable any user ID and password we
provide in our sole discretion without notice or explanation.
(6) Limited warranties
We will check that all assessors who register with the website
are, at the date of registration with our website, included
on the Non-Domestic Energy Performance Certificate Register
(https://www.ndepcregister.com) website as accredited assessors.
Subject to this, you acknowledge that we do not edit, review
or check the information provided by registered clients or assessors,
and accordingly we do not warrant its accuracy or completeness
or bona fides.
Whilst we endeavour to ensure that the information on this
website that we produce is correct, we do not warrant its completeness
or accuracy; nor do we commit to ensuring that the website remains
available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude
all representations, warranties and conditions relating to this
website and the use of this website (including, without limitation,
any warranties implied by law of satisfactory quality, fitness
for purpose and/or the use of reasonable care and skill).
(7) Limitations of liability
Nothing in these terms and conditions (or elsewhere on our
website) will exclude or limit our liability for fraud, for
death or personal injury caused by our negligence, or for any
other liability which cannot be excluded or limited under applicable
law.
Subject to this, our liability to you in relation to the use
of our website or under or in connection with these terms and
conditions, whether in contract, tort (including negligence)
or otherwise, will be limited as follows:
(a) to the extent that the website and the information and
services on the website are provided free-of-charge, we will
not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or
special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue,
anticipated savings, contracts, business, goodwill, reputation,
data, or information; and
(d) we will not be liable for any loss or damage arising out
of any event or events beyond our reasonable control.
You accept that we have an interest in limiting the personal
liability of our officers and employees. Having regard to that
interest, you accept that we are a limited liability entity
and agree that you will not bring any claim personally against
individual officers or employees in respect of any losses you
suffer in connection with the website or these terms and conditions.
This will not, of course, limit or exclude the liability of
the company itself for the acts and omissions of our officers
and employees.
(8) Indemnity
You hereby indemnify us and undertake to keep us indemnified
against any losses, damages, costs, liabilities and expenses
(including without limitation legal expenses and any amounts
paid by us to a third party in settlement of a claim or dispute
on the advice of our legal advisers) incurred or suffered by
us arising out of any breach by you of any provision of these
terms and conditions, or arising out of any claim that you have
breached any provision of these terms and conditions.
(9) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and
conditions, if you (including for the avoidance of doubt registered
clients and registered assessors) breach these terms and conditions
in any way, or if we reasonably suspect that you have breached
these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the
website;
(e) contact your internet services provider and request that
they block your access to the website;
(f) bring court proceedings against you for breach of contract
or otherwise;
(g) suspend and/or delete your account with the website; and/or
(h) delete and/or edit any or all of your user generated content.
(10) Circumvention
Where we suspend or prohibit or block your access to our website
or a part of our website, you must not take any action to circumvent
such suspension or prohibition or blocking (including without
limitation creating and/or using a different account).
(11) Third party websites
Our website includes hyperlinks to other websites owned and
operated by third parties. These links are not recommendations.
We have no control over the contents of third party websites,
and we accept no responsibility for them or for any loss or
damage that may arise from your use of them.
(12) Trade marks
EPCSURVEY and our logo are trade marks belonging to us. We
give no permission for the use of these trade marks, and such
use may constitute an infringement of our rights.
The other registered and unregistered trade marks or service
marks on our website are the property of their respective owners.
Unless stated otherwise, we do not endorse and are not affiliated
with any of the holders of any such rights and as such we cannot
grant any licence to exercise such rights.
(13) Variation
We may revise these terms and conditions from time-to-time.
Revised terms and conditions will apply to the use of our website
from the date of the publication of the revised terms and conditions
on our website. Please check this page regularly to ensure you
are familiar with the current version.
(14) Assignment
We may transfer, sub-contract or otherwise deal with our rights
and/or obligations under these terms and conditions without
notifying you or obtaining your consent – providing where
you are a consumer that such action does not serve to reduce
the guarantees benefiting you under these terms and conditions.
You may not transfer, sub-contract or otherwise deal with your
rights and/or obligations under these terms and conditions.
(15) Severability
If a provision of these terms and conditions is determined
by any court or other competent authority to be unlawful and/or
unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision would be lawful
or enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the provision will continue
in effect.
(16) Exclusion of third party rights
These terms and conditions are for the benefit of you and us,
and are not intended to benefit any third party or be enforceable
by any third party. The exercise of our and your rights in relation
to these terms and conditions is not subject to the consent
of any third party.
(17) Entire agreement
These terms and conditions, together with our privacy policy,
constitute the entire agreement between you and us in relation
to your use of our website, and supersede all previous agreements
in respect of your use of this website.
(18) Law and jurisdiction
These terms and conditions will be governed by and construed
in accordance with English law, and any disputes relating to
these terms and conditions will be subject to the exclusive
jurisdiction of the courts of England and Wales.
(19) Our company
The full name of our company is EPCsurvey Limited.
We are registered in England & Wales under registration
number 06653863.
Our registered address is EPCsurvey Ltd, The Media Centre,
7 Northumberland Street, Huddersfield, West Yorkshire HD1 1RL.
(20) Emailing us
You can contact us by email to info@epc-survey.com.
PART B: CLIENTS
(21) Requesting a quotation
In order to register as a client with our website and request
a quotation via our website, you will need to take the following
steps: (i) click “request quote” in the client area
of the website; (ii) complete and submit the quote request form;
and (iii) click on the hyperlink in the confirmation email we
will send to you.
You grant to us a non-exclusive, royalty-free, worldwide licence
to copy, publish on our website and otherwise use all materials
you provide as part of a quotation request (including without
limitation architects' drawings). You warrant that such materials,
and the use of such materials by us in accordance with these
terms and conditions:
(a) will not infringe any copyrights, intellectual property
rights, or other legal rights;
(b) will not be unlawful or illegal under any applicable law;
and
(c) will not give rise to any cause of action against you or
us under any applicable law.
(22) Client warranties and undertakings
By submitting a quotation request and registering with the
website, you warrant that all information you provide to us
and to any registered assessor via or in relation to our website
is true, accurate, fair and complete.
(22) Quotation procedure
After you submit a quotation request, we will notify our registered
assessors that a new quotation request has been received, and
they will have the opportunity to submit quotations.
Following receipt of quotations from assessors, we will notify
you of up to 5 quotations received in response to your quotation
request. If you wish to accept any of the quotations, you should
log on to our website and confirm your acceptance using the
website interface.
A contract between you and the assessor will come into force
in the assessor confirms the contract within 2 working days
of your acceptance of the quotation. The contract between you
and the assessor will be on the assessor's terms of business.
You will pay the assessor directly.
We do not warrant that we will be able to provide any or any
acceptable or suitable quotations in relation to your quotation
request.
(23) Your relationship with assessors
You acknowledge that we merely provide a facility to enable
clients and assessors to get in touch and that we do not vet
or monitor the registered assessors who advertise on our website,
and you agree that you will not hold us liable, or seek to hold
is liable, in relation to any loss, damage or expense that you
suffer arising out of the actions of omissions of an assessor
(subject to the first paragraph of Section 7 above).
We do not warrant that assessors hold the qualifications, or
possess the skills or experience, that they claim to hold or
possess.
(24) Cancelling your account etc.
You acknowledge that the website services are provided free-of-charge,
and that we may at any time, with or without notice or explanation,
delete your account and/or quotation request(s) and/or discontinue
the website and/or website services.
We may also cancel your account in accordance with the provisions
of Section 9.
You may delete your account using the website interface at
any time.
PART C: ASSESSORS
(25) Registering as an assessor
In order to register as an assessor with our website, you will
need to take the following steps: (i) click “free registration”
in the assessor area of the website; (ii) complete and submit
the registration form; and (iii) click on the hyperlink in the
confirmation email that we will send to you.
(26) Assessor charges
Charges are payable by assessors in relation to agreed quotations
only. As soon as an assessor confirms the acceptance of a quotation
(after the issue of the quotation request by the client, the
issue of a quotation by the assessor, and the issue of an acceptance
of quotation by the client) then a charge will become payable
to us in relation to that quotation in accordance with the terms
of this Section.
The amounts of the charges payable by assessors will be as
set out on our website at the date of issue of the relevant
quotation.
All charges stated on the website are stated exclusive of VAT
(unless the context requires otherwise) which may be payable
where applicable.
We will invoice for applicable charges at any time after your
confirmation of the acceptance of a quotation, and you must
pay to us the applicable charges within 14 days from the date
of our invoice.
Charges must be paid by cheque or bank transfer or using any
other means specified on our invoice from time to time.
We may vary charges from time to time by posting new charges
on our website.
In the event that a client cancels a contract with an assessor
after the assessor has become liable to pay our charges, that
cancellation will not affect that liability and the assessor
will not be entitled to any refund of charges paid.
(27) Assessor warranties and undertakings
By registering as an assessor, you warrant that: (i) you are
qualified as an assessor as detailed in your website registration;
(ii) you hold appropriate professional indemnity insurance;
and (iii) all information you provide to us and to any registered
client via or in relation to our website or as part of a quotation
is true, accurate, fair and complete. You also undertake to
keep all such information up-to-date at all times.
Assessors must only use information we supply about clients
for the purpose of preparing quotations (and performing any
assessments agreed with the relevant client); and assessors
must treat the information about clients supplied by us as confidential,
and must not disclose to any third party any information about
clients supplied by us.
(28) Assessor quotations
From time to time we will send to registered assessors email
notifications that new quotations have been received.
Assessors may then log on to the website and will be able to
submit quotations using the website interface.
Where an assessor wishes to submit a quotation in response
to a request for a quotation, the assessor must do so within
2 working days of the date that we send to the assessor the
notification of the quotation request (after which time we will
send the quotations to the client).
We will forward to the client up to 5 of the most competitive
quotations received.
If the client accepts a quotation, the assessor must within
2 working days of that acceptance send a confirmation of acceptance
to us via the website (upon which the assessor will become liable
to pay our charge in accordance with Section 26).
(29) Your relationship with clients
You acknowledge that we merely provide a facility to enable
clients and assessors to get in touch and that we do not vet
or monitor the registered clients who use our website, and you
agree that you will not hold us liable, or seek to hold us liable,
in relation to any loss, damage or expense that you suffer arising
out of the actions or omissions of a client (subject to the
first paragraph of Section 7 above).
(30) Assessor warranties
We warrant to assessors that we will perform the paid-for services
under these terms and conditions with reasonable care and skill.
We do not warrant that we will send any requests for quotations
to assessors, or that any quotations made by assessors will
be accepted.
Further, we do not warrant the bona fides of clients or potential
clients, and we will not be liable in respect of any loss caused
to the assessor by a client (including without limitation any
failure to pay the assessor's fees).
(31) Cancelling your registration etc.
You may delete your assessor account using the website interface
at any time.
We may cancel your account in accordance with the provisions
of Section 9.
We may also cancel your assessor account without cause by giving
you at least 30 days' written notice of cancellation.
For the avoidance of doubt, an assessor will not be entitled
to any payment from us on the cancellation of the assessor's
account.
Privacy Policy
We are committed to safeguarding the privacy of our website visitors; this
policy sets out how we will treat your personal information.
(1) What information do we collect?
We may collect, store and use the following kinds of personal data:
(a) information about your computer and about your visits to and use of this
website (including your IP address, geographical location, browser type, referral
source, length of visit and number of page views);
(b) information that you provide to us for the purpose of requesting a quotation
(including your title, name, address email address and telephone number, and
details of the property in respect of which you would like a quotation, and
the date upon which you would like a quotation);
(c) information that you provide to us for the purpose of registering with
us as an assessor (including including your title, name, address email address
and telephone number, accreditation and qualifications);
(d) information that registered assessor provide by way of quotation; and
(e) any other information that you choose to send to us.
(2) Cookies
A cookie consists of information sent by a web server to a web browser, and
stored by the browser. The information is then sent back to the server each
time the browser requests a page from the server. This enables the web server
to identify and track the web browser.
We use cookies on the website. We will use the cookies to enable our website
to recognise you when you visit.
These cookies will remain stored on your computer until deleted, or until they
reach a specified expiry date.
We use Google Analytics to analyse the use of this website. Google Analytics
generates statistical and other information about website use by means of cookies,
which are stored on users' computers. The information generated relating to
our website is used to create reports about the use of the website. Google will
store this information. Google's privacy policy is available at: http://www.google.com/privacypolicy.html.
Most browsers allow you to refuse to accept cookies. (For example, in Internet
Explorer you can refuse all cookies by clicking “Tools”, “Internet
Options”, “Privacy”, and selecting “Block all cookies”
using the sliding selector.) This will, however, have a negative impact upon
the usability of many websites, including this one.
(3) Using your personal data
Personal data submitted on this website will be used for the purposes specified
in this privacy policy or in relevant parts of the website.
We may use your personal information to:
(a) administer the website;
(b) improve your browsing experience by personalising the website;
(c) enable your use of the services available on the website;
(d) send statements and invoices to you, and collect payments from you;
(e) send you general (non-marketing) commercial communications;
(f) send you email notifications which you have specifically requested;
(g) send to you marketing communications relating to our business which we
think may be of interest to you by post or, where you have specifically agreed
to this, by email or similar technology (you can inform us at any time if you
no longer require marketing communications);
(h) provide third parties with statistical information about our users –
but this information will not be used to identify any individual user; and
(i) deal with enquiries and complaints made by or about you relating to the
website.
Where you submit personal information for publication on our website, we will
use that information in accordance with the license you grant to us.
(4) Disclosures
We may disclose information about you to any of our employees, officers, agents,
suppliers or subcontractors insofar as reasonably necessary for the purposes
as set out in this privacy policy.
In addition, we may disclose information about you:
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing
information to others for the purposes of fraud prevention and reducing credit
risk); and
(d) to the purchaser (or prospective purchaser) of any business or asset which
we are (or are contemplating) selling.
Except as provided in this privacy policy, we will not provide your information
to third parties.
(5) International data transfers
Information that we collect may be stored and processed in and transferred
between any of the countries in which we operate in order to enable us to use
the information in accordance with this privacy policy.
If you are in the European Economic Area (EEA), information which you provide
may be transferred to countries which do not have data protection laws equivalent
to those in force in the EEA.
You expressly agree to such transfers of personal information.
(6) Security of your personal data
We will take reasonable technical and organisational precautions to prevent
the loss, misuse or alteration of your personal information.
We will store all the personal information you provide on our secure (password-
and firewall- protected) servers.
Of course, data transmission over the internet is inherently insecure, and
we cannot guarantee the security of data sent over the internet.
You are responsible for keeping your password and user details confidential.
We will not ask you for your password.
(7) Policy amendments
We may update this privacy policy from time-to-time by posting a new version
on our website. You should check this page occasionally to ensure you are happy
with any changes.
(8) Your rights
You may instruct us to provide you with any personal information we hold about
you. Provision of such information may be subject to the payment of a fee (currently
fixed at £10.00).
You may instruct us not to process your personal data for marketing purposes
by email at any time. (In practice, you will usually either expressly agree
in advance to our use of your personal data for marketing purposes, or we will
provide you with an opportunity to opt-out of the use of your personal data
for marketing purposes.)
(9) Third party websites
The website contains links to other websites. We are not responsible for the
privacy policies or practices of third party websites.
(10) Updating information
Please let us know if the personal information which we hold about you needs
to be corrected or updated.
(11) Contact
If you have any questions about this privacy policy or our treatment of your
personal data, please write to us by email to info@epc-survey.com or by post
to EPCsurvey Ltd, The Media Centre, 7 Northumberland Street, Huddersfield, West
Yorkshire HD1 1RL.
(12) Data controller
The data controller responsible for our website is EPCsurvey Ltd.