Terms
relating to The Consumer Protection (Distance Selling)
Regulations 2000
Where the Customer is a consumer within the meaning
of The Consumer Protection (Distance Selling) Regulations
2000 ("the Regulations"), then Regulation
10 thereof gives the Customer the right to cancel this
Agreement within seven business days after the day on
which the contract with the Company is concluded unless
in the meantime the Company has been requested to and
commences performance of the Service. By transmitting
or otherwise submitting a Search Request to the Company
the Customer confirms that it requests and agrees to
the Company commencing the Services and acknowledges
that the processing by the Company of the Search Request
constitutes commencement by the Company of the performance
of the Service and accordingly the Customer has no right
thereafter to cancel this Agreement pursuant to the
Regulations.
Website usage
terms and conditions
Welcome to our website. If you continue to browse and
use this website, or the services which Utilitysearch
or Utilitysearch Limited. provides (including postal,
electronic or other forms of communication), you are
agreeing to comply with and be bound by the following
terms and conditions of use, which together with our
privacy policy govern Utilitysearch’s relationship
with you in relation to this website. If you disagree
with any part of these terms and conditions, please
do not use our website or services.
1. GENERAL
1.1 The term ‘Utilitysearch’ or ‘us’
or ‘we’ refers to the owner of the website
whose registered office is Utilitysearch Limited, Mansell House, Aspinall Close, Horwich, Bolton, Gtr Manchester BL6 6QQ. Our company registration number is 5122100,
registered in England. The term ‘customer’
or ‘you’ refers to the user or viewer of
our website/services.
1.2 By signing and returning these terms and conditions
or electronically accepting them by registering on the
website or otherwise to use our services; the Customer
agrees to be bound by the terms and conditions contained
herein in relation to the Services.
1.3 The content of the pages of this website is for
general information and use of Customers. It is subject
to change without notice.
1.4 This website contains material which is owned by
or licensed to us. This material includes, but is not
limited to, the design, layout, look, appearance and
graphics. Reproduction is prohibited other than in accordance
with the copyright notice, which forms part of these
terms and conditions.
2. DEFINITIONS The following
definitions apply:
2.1 ‘Agreement’ means the agreement incorporating
these terms and conditions between the Company and the
Customer for provision of services
2.2 ‘Charges’ means the Data Providers charges.
2.3 ‘Registration form’ means the form to
be completed by the Customer with information on contact
details, branch addresses and passwords.
2.4 ‘Data provider’ means a third party
source of information, data or material included in
search results.
2.5 ‘End user’ means the client of the Customer
for whom the Search Request was made or a person who
is (considering) acquiring an interest in or charge
over the property to which the search results relate.
2.6 ‘Utilitysearch materials’ means the
materials and software in whatever form or media, accompanying
documentation (including licenses for the provision
of data by Data Providers), and all other tangible and
intangible materials supplied by the Company to the
Customer for the transmission of search requests and
receipt of services.
2.7 ‘Search request’ means a request from
the Customer in the required form to the Company, in
respect of specified property.
2.8 ‘Search results’ means any information
or data provided by the Company or the Data Provider
in response to a Search Request from the Customer.
2.9 ‘Services’ means the provision of assistance
to the Customer in identifying applicable property and/or
identifying and processing searches in relation to particular
property; and/or delivering Search Requests received
to selected Data Providers and (except where the Data
Provider decides to return the Search Results directly
to the Customer or its nominee) returning Search Results
to the Customer.
2.10 ‘Website’ means the websites or online
services and interfaces of the Company from which the
Customer can make Search Requests and view their progress
(the current address of which is https://www.utilitysearch.com)
2.11 ‘Credit customers’ means those customers
ordering on a credit account agreed and set up by the
Company in accordance with credit terms.
3. RIGHTS GRANTED &
SERVICES PROVIDED
3.1 The Company shall provide the Services to the Customer.
3.2 The Customer shall be permitted to make and store
electronic or hard copies of the Search Results for
its own internal purposes; incorporate the Search Results
into written advice prepared by the Customer in the
normal course of its business; and disclose the Search
Results in the normal course of the Customer's business
to the End User.
3.3 The Customer may only provide the Search Results
to an End User for a directly corresponding Search Request.
The Customer shall not store the Search Results (or
extracts or elements thereof) in any database (other
than as required for tracking and auditing service performance
or for legal or regulatory compliance purposes) or make
ongoing/multiple uses of the Search Results to populate
other unrelated Search Requests or otherwise. A breach
of this provision shall be deemed irremediable and the
Company will have the right to immediately terminate
this Agreement.
4. CHARGES
4.1 The charges made by the Company will be those levied
by the Data Providers, applicable on the date of the
relevant search request and given on the ‘Overview’
page of the website.
4.2 Charges are exclusive of any value added tax, for
which the customer is liable at point of payment, at
the applicable rate.
4.3 The risk of input or submission of information is
with the Customer. The Customer entering an incorrect
address or requesting searches in error will not remove
or limit the Customer's obligation to pay the Charges
in respect of any Search Request.
4.4 The Company will either manually or electronically
(at its discretion) invoice the Credit Customers on
a regular basis at the address provided by the Customer
on the Registration Form. The Customer shall discharge
the invoiced sums within 15 days of the date of the
invoice via a direct debit arrangement, by methods provided
on the invoice or unless otherwise agreed.
4.5 Customers paying by credit card; make payment at
time of ordering and in agreement with the relevant
terms displayed.
4.6 The Company shall be entitled to charge additional
fees in relation to late payments by the Customer reserves
the right to suspend or discontinue the Services without
notice to the Customer until such invoices have been
paid in full.
5. LIABILITY
5.1 The Customer acknowledges and accepts that the Company
only provides the Services to it on the express condition
that the Company will not be responsible for nor shall
it have any liability to the Customer, the Customer's
clients or any other third party directly or indirectly
whether in contract or otherwise for:
5.1.1 inaccuracies or errors in or omissions from any
Search Results provided by a Data Provider;
5.1.2 inaccuracies or errors in or omissions from any
register or other information source maintained or used
by a Data Provider; or
5.1.3 any act or omission of a Data Provider.
5.2 The Company shall not be liable for any loss or
damage sustained by the Customer, the Customer’s
clients, or any other third part whether directly or
indirectly in contract or otherwise making use of or
relying on the search Results. In no event will we be
liable for any loss or damage including without limitation,
indirect or consequential loss or damage, or any loss
or damage whatsoever arising from loss of data or profits
arising out of, or in connection with, the use of this
website.
5.3 The Company does not exclude or restrict its liability
for personal injury or death caused by negligence, exclusion
or restriction of which is expressly prohibited by law.
5.4 Subject to 5.3, the Company shall indemnify the
Customer from and against any and all actions, claims,
demands, liabilities, costs and fees, provided that:
5.4.1 Such indemnified claim arises solely and directly
out of any inaccuracies or errors in or omissions from
information contained in any search results provided
by any Data Provider,
5.4.2 The relevant Data Provider’s terms &
conditions require the Data Provider to indemnify the
customer in respect of any loss or liability the customer
suffers as a result of such inaccuracies.
5.4.3 Notwithstanding the requirements of the Data Provider's
own terms and conditions, the Data provider fails to
indemnify the Customer despite the Customer using all
reasonable efforts to obtain the indemnity from the
Data Provider.
5.4.4 The Customer uses all reasonable endeavours to
mitigate any loss or damage it suffers as a result of
the inaccuracies from the information in such Search
Results.
6. WARRANTIES
6.1 The Company warrants that the Services will be provided
with reasonable skill and care and it is authorised
to provide the services in the terms set out in this
agreement. Your use of any information or materials
on this website is entirely at your own risk, for which
we shall not be liable. It shall be your own responsibility
to ensure that any products, services or information
available through this website meet your specific requirements.
6.2 The Company does not warrant that the Services will
meet the individual Customer requirements Or that any
information provided by a Data Provider will be accurate
or complete.
6.3 The Customer warrants that it will not allow any
third party to use Utilitysearch material, and is authorised
to receive the services on the terms set out in this
agreement.
7. INTELLECTUAL PROPERTY
RIGHTS
7.1 All intellectual property rights to any Utilitysearch
Materials and Search Results provided to the Customer
by the Company shall at all times remain the property
of the Company, the Company's licensors or the relevant
Data Provider. The Customer undertakes that it shall
not at any time make any copy of any such material or
otherwise deal with such materials or disclose the same
whether directly or indirectly to any third party accept
in accordance with this agreement.
7.2 Unauthorised use of this website may give rise to
a claim for damages and/or be a criminal offence.
7.3 From time to time, this website may also include
links to other websites. These links are provided for
your convenience to provide further information. They
do not signify that we endorse the website(s). We have
no responsibility for the content of the linked website(s).
8. ASSIGNMENT
8.1 The right to be provided with the Services is personal
to the Customer and is not transferrable.
8.2 Under no circumstances is access to the Services
to be permitted, facilitated or re-sold by the Customer.
9. TERMINATION
9.1 This agreement may be terminated by either party
at any time on giving 30 days notice in writing.
9.2 This agreement may be terminated by either party
immediately if the other party is in material breach
of its obligations.
9.3 Upon termination the Company will continue to provide
Search Results paid for before the date of termination.
10. FORCE MAJEURE
10.1 Neither party shall be responsible for delays or
failures in performance resulting from Force Majeure.
10.2 The operation of this Agreement shall be suspended
during Force Majeure.
11. APPLICABLE LAW
11.1 The construction validity and performance of this
Agreement shall be governed by English law and the Customer
irrevocably submits to the exclusive jurisdiction of
the English Courts.
11.2 Every effort is made to keep the website up and
running smoothly. However, Utilitysearch takes no responsibility
for, and will not be liable for, the website being temporarily
unavailable due to technical issues beyond our control.
12. RIGHTS OF THIRD PARTIES
12.1 This Agreement is not intended to, and does not,
give any person who is not a party to this Agreement
any rights to enforce any provisions contained herein
for the purposes of the Contracts (Rights of Third Parties)
Act 1999.
Business privacy policy
This privacy policy sets out how Utilitysearch uses
and protects any information that you give Utilitysearch
(on behalf of the gas and Electricity operators that
we work with) when you use this website.
Utilitysearch is committed to ensuring that your privacy
is protected. Should we ask you to provide certain information
by which you can be identified when using this website,
then you can be assured that it will only be used in
accordance with this privacy statement.
Utilitysearch may change this policy from time to time
by updating this page. You should check this page from
time to time to ensure that you are happy with any changes.
This policy is effective from 02.04.12.
What we collect
We may collect the following information:
• name
• business contact information including email
address
• other information relevant to customers search
request
What we do with the information
we gather
We require this information to understand your needs
and provide you with a better service, and in particular
for the following reasons:
• Internal record keeping.
• We may use the information to improve our products
and services.
• We may periodically send promotional emails
about new services, special offers or other information
which we think you may find interesting using the email
address which you have provided.
• From time to time, we may also use your information
to contact you for market research purposes. We may
contact you by email, phone, fax or mail. We may use
the information to customise the website according to
your interests.
Security
We are committed to ensuring that your information is
secure. In order to prevent unauthorised access or disclosure,
we have put in place suitable physical, electronic and
managerial procedures to safeguard and secure the information
we collect online.
How we use cookies
A cookie is a small file which asks permission to be
placed on your computer's hard drive. Once you or your
browser agrees, the file is added and the cookie helps
analyse web traffic or lets you know when you visit
a particular site. Cookies allow web applications to
respond to you as an individual. The web application
can tailor its operations to your needs, likes and dislikes
by gathering and remembering information about your
preferences.
To facilitate browsing on our website, we place an anonymous session ID (“session identifier”) that is associated with each visitor when they start using our website.
This session ID allows our server to identify you and/or your computer/browser as the same visitor, even if your IP address has changed.
This session ID makes it possible to associate multiple related requests by a user with a single session and keep you logged in between pages.
The session ID cookie is only valid until the end of a session. When you close your browser, it is automatically deleted or after 60 minutes of inactivity, whichever is the sooner.
We do not display a cookie consent banner as the Session
cookie is the only (strictly necessary) cookie that
we use and as such does not require consent per WCAG
2.2.
A cookie in no way gives us access
to your computer or any information about you, other
than the data you choose to share with us.
You can choose to accept or decline cookies. Most web
browsers automatically accept cookies, but you can usually
modify your browser setting to decline cookies if you
prefer. This will prevent you from taking full advantage
of the website as the session cookie is required to
keep you logged in between pages.
Links to other websites
Our website may contain links to other websites of interest.
However, once you have used these links to leave our
site, you should note that we do not have any control
over that other website. Therefore, we cannot be responsible
for the protection and privacy of any information which
you provide whilst visiting such sites and such sites
are not governed by this privacy statement. You should
exercise caution and look at the privacy statement applicable
to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of
your personal information in the following ways:
We will not sell, distribute or lease your personal
information to third parties unless we have your permission,
or are required by law to do so. We may also share this
information with the supplier providing part of the
service in which you have sent in a request for.
You may request details of personal information which
we hold about you under the Data Protection Act.
If you would like a copy of the information held on
you please write to:
UtilitySearch Mansell House Aspinall Close Horwich Bolton BL6 6QQ
If you believe that any information we are holding on
you is incorrect or incomplete, please write to or email
us as soon as possible at the above address. We will
promptly correct any information found to be incorrect.
To contact us, please visit our contact
page
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