- Interpretation and definitions
1.1. In these Terms and Conditions:
- "we", "our", "us" or “SWW” means South West Water Limited, whose registered office is at Peninsula House, Rydon Lane, Exeter, EX2 7HR; and
- "you" and "your" means the Customer.
1.2.The “Source for Searches” service is a brand within South West Water’s “Source for Business” service and is operated by South West Water in conjunction with its partners.
1.3. Each Search Request placed and Search Result supplied by us shall constitute a contract between us (“Contract”). These Terms and Conditions apply to all Contracts between us. Please note that Additional Terms will also apply if you ask us to supply Search Results from a Third Party Data Provider. In the event of any conflict between these Terms and Conditions and any Additional Terms which may apply, the provisions of these Terms and Conditions shall prevail to the extent of the conflict.
1.4. In these Terms and Conditions, the following words and expressions have the following meanings:
"Additional Terms" - additional terms and conditions which are imposed by SWW or a Third Party Data Provider in relation to the provision of certain Search Results;
"Benefiting End User" - (a) your client for whom the Search Request was made, (b) any person who has taken any interest in the Property (including any person acting as that person's professional adviser), and (c) any person who has provided funding secured on the Property (including any person acting as that person's professional adviser);
"Charges" – the charges for the Services (including any fees charged by the Third Party Data Providers which we have to pay in order to provide the Service) as set out in the Price List;
"Customer" – the company/firm/individual named on the screen during the registration process;
"Force Majeure Event" – means an event beyond our reasonable control such as:
(a) acts, defaults or omissions (including breach or termination of contract) of suppliers such as Third Party Data Providers or any other party on whom we rely in order to provide the Services;
(b) any change in law or regulation or any change in the interpretation or application of any law;
(c) acts, defaults or omissions of sub-contractors, strike, lock out or other form of industrial action;
(d) act of God, fire, storm, explosion or flood or other natural disaster, outbreak of hostilities, riot, epidemic or pandemic, civil disturbance or acts of terrorism;
(e) failure of public utilities or the internet;
(f) breakdown of plant or machinery;
(g) theft and malicious damage.
"Password(s)" – the secure username(s) and password(s) which allow you to register on our Website and place Search Requests;
"Payment Agent" – Cybersource Limited whose registered office is at The Waterfront, 300 Thames Valley Park Drive, Reading, Berkshire, RG6 1PT;
"Price List" – our list of prices for our Services, from time to time, as published on our Website;
"Property" – the property in relation to which the Search Request is made;
"Search Result" – the information, data or other results provided to you by us in response to your Search Request;
"Search Request" – a request from you to us to provide you with search information relating to a specified property from South West Water and/or a specified Third Party Data Provider;
"Services" – the services listed in clause 2 as modified or amended from time to time; and
"Third Party Data Provider" – a third party provider of data used in a Search Result;
"Website" – our website for the provision of the Services, which is currently www.sourceforsearches.co.uk.
2.1. We will:
(a) provide you with a property search facility to help you to locate the Property and endeavour to identify the searches which are available and which may be carried out against the Property;
(b) carry out the search in the event such search relates to water and/or drainage in South West Water Limited’s area of supply;
(c) otherwise, where applicable, pass Search Requests onto the relevant Third Party Data Provider;
(d) forward the Search Result to you at the email address given when you register.
2.2. Please note: although we will endeavour to allow uninterrupted access to our Website, access to our Website may be suspended, restricted or terminated at any time.
2.3. Please note: we may cancel a Search Request where the relevant Third Party Data Provider declines to supply us with the Search Results. Where this happens, we will notify you as soon as reasonably practicable and refund any advance payment which you may have made to us in respect of the cancelled Search Request.
- Acceptance of Terms and Conditions
4.1. Our Services are provided on these Terms and Conditions. Please note that certain of the Search Results may also be subject to Additional Terms. You will be made aware of the Additional Terms that will apply to your Search Request at the point of completing the Search Request. A hyperlink to the Additional Terms will be made available to you at this stage for you to review and print a copy for your records.
4.2. By accepting these Terms and Conditions electronically you agree to be bound by them and by any Additional Terms which also may be applicable. You agree not to breach the Additional Terms.
4.3. If the person electronically accepting these Terms and Conditions is an employee of an organisation, by doing so that person warrants that he/she is authorised to place the Search Request on behalf of his/her organisation and acknowledges that the organisation itself will be treated as the Customer under these Terms and Conditions.
4.4. We may modify these Terms and Conditions and any Additional Terms at any time by publishing the modified terms on our Website.
5.1. Our Charges for each Search Result will be notified to you on screen during and at the end of the order process. The Charges will be those published in our Price List at the date of the Search Request, except in cases of obvious error.
5.2. The Price List will identify the Charges inclusive and exclusive of VAT.
5.3. You will be responsible for our Charges:
(a) when you submit a Search Request by clicking on the “Confirm” button at the end of the ordering process unless SWW accepts your cancellation in accordance with these Terms and Conditions; and
(b) if you make an error in providing the search address or if you accidently place a Search Request.
5.4. We may change our Price List from time to time by publishing the amended Price List on our Website. Any amendments shall only apply to Search Requests submitted to us after the date on which the new Price List is displayed on our Website.
- Invoicing and payment
6.1. Payment shall be made for our Services:
(a) in advance by credit or debit card;
(b) within 14 days of receipt of our invoice if you have agreed with us in advance that you will be invoiced for the Services.
6.2. We reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
6.3. We may also suspend provision of the Services to you until payment in full is received for any outstanding invoice.
6.4. You shall pay the Charges to the Payment Agent as our agent and we shall accept such payment to the Payment Agent (provided the Charges are paid in full) in full discharge of the Charges owing to us under the Contract.
- Use of Search Results
7.1. The Additional Terms set out how you may use the Search Results.
7.2. You shall not edit the Search Results and claim that they are the original versions of the Search Results as provided by us.
- Our warranties and liability
8.1. We warrant that:
(a) we have all necessary authorities to provide the Services on these Terms and Conditions;
(b) we shall provide the Services using reasonable skill and care;
(c) we will use reasonable endeavours to provide the Services and the Search Results in accordance in all material respects with the description of the same on our Website.
8.2. We do not warrant that:
(a) our Website is free from viruses or anything else which may be harmful for your technology;
(b) the Services will meet your specific requirements or be fit for your intended use. It is your responsibility to ensure that the Services, Search Requests and Search Results meet your requirements and those of any Benefiting End User. You should undertake your own evaluation exercise before choosing to rely upon the content of the Search Results; and
(c) any information provided by a Third Party Data Provider is complete, accurate or of satisfactory quality. We will endeavour, where reasonably requested, to assign the benefit of any warranties, indemnities or guarantees provided by any Third Party Data Provider to you. Please read the Additional Terms (as applicable) in full to see whether any warranties, indemnities or guarantees apply to your Search Result and the extent of the same.
8.3. Sub-clauses 8.4 to 8.10 set out the exclusions to and limitations on our liability to you, any Benefiting End User and to any other person in contract, tort (including negligence), breach of statutory duty or otherwise, save that these limitations will not apply in respect of claims:
8.3.1 for death or personal injury resulting from negligence; or
8.3.2 for fraud or fraudulent misrepresentation; or
8.3.3 as otherwise prohibited by law.
8.4. Subject to sub-clauses 8.3 and 8.5, if either of us fails to comply with these Terms and Conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these Terms and Conditions.
8.5. Subject to sub-clauses 8.3, neither of us shall be responsible for losses that result from our failure to comply with these Terms and Conditions which fall into the following categories:
(a) loss of income or revenue;
(b) loss of profit;
(c) loss of business;
(d) loss of anticipated savings; or
(e) loss of data.
8.6. Subject to the remainder of this clause 8, our liability for loss or damage arising in connection with the performance or contemplated performance of our Services and/or the supply of the Search Results under these Terms and Conditions shall not exceed the liability shown in the purchased report and the aggregate total of the Charges paid by you under this Agreement during the preceding 12 months.
8.7. Due to the nature of electronic transmission of data over the internet, we shall not be liable for any loss or damage arising from your inability to access our Website, from any use of our Website or reliance on the data transmitted using our Website or from your inability to receive any Search Results in electronic form.
8.8. Subject to sub-clause 8.3, unless the loss or damage is a direct consequence of our negligence, we shall have no liability for any loss or damage suffered in relation to or as a result of:
(a) any inaccuracies, mistakes or omissions in any Search Results; or
(b) any failure or delay in delivering the Search Results.
8.9. We shall not be liable for any loss or damage suffered in relation to or as a result of:
(a) any inaccuracies, mistakes or omissions in or from any Search Results provided by a Third Party Data Provider;
(b) any inaccuracies, mistakes or omissions in or from any public register or other information source maintained or used by a Third Party Data Provider; and
(c) any act or omission of a Third Party Data Provider.
8.10. We shall not be liable to any third party, including but not limited to a vendor of the Property, unless this is expressly envisaged in these Terms and Conditions.
- Your warranties and liability
9.1. You warrant that:
(a) all information that you have supplied to us during the registration process and the order process is true, accurate and complete;
(b) you will keep all Password(s) confidential and you shall not permit their use by any person outside your organisation;
(c) you have all necessary authorities to use the Services on these Terms and Conditions;
(d) you will comply with all applicable laws in using the Service; and
(e) you will not use our Website or our Services for Unlawful Purposes (as defined in sub-clause 13.2.)
9.2. You shall be responsible for:
(a) any use of the Services made using your allocated Password(s) with or without your authority;
(b) any judgements made, decisions taken or advice given to a Benefiting End User or otherwise as a result of using the Services; and
(c) all maintenance and security of any electronic equipment which enable you to access and use the Service and receive Search Results.
- Intellectual Property
10.1. The copyright and, for the avoidance of doubt, all other intellectual property rights in the Search Results, other information and data provided by us or a Third Party Data Provider and in the content of our Website (including graphics and branding) belongs to South West Water Limited, our licensors and/or the relevant Third Party Data Provider. All rights are reserved.
10.2. You acknowledge that:
10.2.1 you acquire no rights in the material referred to in sub-clause 10.1 other than as set out in these Terms and Conditions; and
10.2.2 you understand that Search Results may incorporate branding and logos by us, our licensors and the relevant Third Party Data Provider and, as such, you will not alter the Search Results so as to remove, amend or obscure these logos and branding.
- Delivery of Search Results
11.1. Search Results will be delivered electronically to the email address notified by you on registration with us.
11.2. Any dates for delivery of the Search Results as quoted in email correspondence from us confirming the order are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Search Results that is caused by a Force Majeure Event or your failure to provide us with an email address capable of accepting delivery of the Search Results.
11.3. The description and price of the Search Requests and delivery details will be provided in the confirmation of order and/or your invoice. If you are a consumer, services will be provided in accordance with the timescales set out in the Consumer Protection (Distance Selling) Regulations 2000 (“the Regulations”) unless otherwise agreed with you. In the unlikely event that we are unable to complete your Search Request and provide your Search Result, you shall be entitled to a full refund of any Charges already paid by you for the Search Requests in question and this shall be your sole remedy for our inability to provide your Search Results.
11.4. In the event you wish to cancel a Search Request placed with us, please contact us as soon as possible. Please note, you may still be charged for any costs and charges already incurred by us including, for example, our internal administrative costs, any charges we have incurred in placing your Search Request with a Third Party Data Provider and any cancellation charges which may be imposed by a Third Party Data Provider.
- Consumers right to cancel – If you are contracting as a consumer, the following provisions will apply:
12.1. Under the terms of the Regulations (as defined in clause 11.3 above), if you are a consumer you may have the right to cancel the contract between us which may arise through the placing of the Search Request by you within 7 working days of the day after the date on which the contract for the provision of services is concluded unless in the meantime we have been requested to and commence performance of the Service. You acknowledge that our Services commence when we have received your Search Request and confirmation of receipt by us of the Search Request has been sent to you. Your right to cancel any contract between us therefore ceases at that time.
12.2. To exercise your right to cancel, you must give us written notice to us by post or email giving the property address and order number. In line with clause 11.4 above, you may still be charged for any costs and charges already incurred by us including, for example, our internal administrative costs and any charges we have incurred in placing your Search Request with a Third Party Data Provider.
13.1. Where you are an account holder with us, either of us may terminate your account at any time:
(a) by giving not less than 30 days' written notice to the other; or
(b) with immediate effect if one of us commits a material breach of its obligations under these Terms and Conditions and, where the breach is capable of remedy, fails to remedy such breach within 15 days of receiving notice in writing from the other to so remedy.
13.2. In addition, we may terminate your account by written notice with immediate effect if:
(a) you fail to pay any outstanding invoice in accordance with these Terms and Conditions;
(b) you are unable to pay your debts as they fall due within the meaning of Section 123, Insolvency Act 1986, a receiver or administrator is appointed over or in relation to your assets or a resolution is passed or an order made for your winding up (or an event occurs within the jurisdiction of the country in which you are situated which has a similar effect to any of these in the UK); or
(c) any information, assurance or warranty given to us by you, whether in these Terms and Conditions or otherwise, is found to be incorrect, insufficient or misleading in any material respect;
(d) you use our Website or Services:
(i) to conduct any transactions which are unlawful or fraudulent, or have any unlawful or fraudulent purpose or effect;
(ii) for the purpose of harming or attempting to harm any other person in any way;
(iii) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation;
(iv) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
(i) to (iv) inclusive shall be defined as “Unlawful Purposes”.
- Consequences of termination
14.1. On termination of your account we shall:
(a) continue to provide any Search Result paid for before the date of termination;
(b) if possible, cancel any Search Request which has not been paid for;
(c) only release to you any Search Result that has not been paid for upon payment of the outstanding amount;
(d) terminate your account and cancel any Password(s); and
(e) cease to be under any further obligation whatsoever to provide the Services to you.
14.2. Termination of these Terms and Conditions shall be without prejudice to any accrued rights, remedies, obligations and liabilities of the parties as at termination and clauses which expressly or by implication have effect or continue to have effect after termination shall continue in full force and effect.
- Force Majeure
15.1. We shall not be liable to you for a delay in performance or non-performance if due to a Force Majeure Event.
15.2. No event shall be treated as a Force Majeure Event if it is attributable to our wilful act or omission or failure to take reasonable precautions or to exercise due care and diligence.
- Data protection
16.2. By providing your details to us, you consent to such processing and you warrant that all data provided by you is accurate.
16.3. You have the right, by written request and on payment of a fee of £10 to meet our administrative costs, to a copy of any personal data (as defined in the Data Protection Act 1998) which we hold about you.
18.1. If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
18.2. Save as set out in sub-clause 4.5, no purported variation of these Terms and Conditions shall be effective unless it is in writing and signed by or on behalf of each of us.
18.3. The right to receive the Services is personal to you, and you may not assign, resell, sub-licence or otherwise provide or share access to the Services with any other person. We may, at any time, assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights or obligations under the contract with you.
18.4. No failure to exercise or delay in exercising any right or remedy provided under these Terms and Conditions or by law constitutes a waiver of such right or remedy nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy under these Terms and Conditions shall prevent or restrict the further exercise of that or any other right or remedy.
18.5. Please note that Third Party Data Providers are third party beneficiaries to these Terms and Conditions and that each Third Party Data Provider may seek to enforce these Terms and Conditions and/or any relevant Additional Terms on its own behalf.
18.6. The rights, powers and remedies conferred on either of us by these Terms and Conditions and the remedies available to each of us are cumulative and are additional to any right, power or remedy which you or we may have under law or otherwise.
- Governing Law and Jurisdiction
19.1. Our contractual relationship with you and any disputes or claims 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 and will be subject to the exclusive jurisdiction of the English courts.