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Aucspace - Terms and conditions
These are the terms and conditions on which we supply our legal risk and cost reports to you. Please read these terms carefully.
1. INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 We are Aucspace Limited ("We", "us", "our", "Aucspace") a company registered in England and Wales. Our company registration number is 12212980 and our registered office is at Unit 6, Bassett Business Units, North Weald, Epping, Essex, United Kingdom, CM16 6AA. Our registered VAT number is 342 3268 18 .
1.2 You can contact us by writing to us at firstname.lastname@example.org.
2. PROVIDING THE PRODUCTS
2.1 In order to purchase a Legal Risks & Cost Report ("report") you must register an online account with Aucspace through our website.
2.2 Where a report has been prepared by us and listed as available for download upon our website, we will make the report available for download by you as soon as we accept your order. If you are a consumer, you acknowledge and agree that you will not have the right to cancel once download of the report has commenced and you consent and agree to such download occurring immediately.
2.3 Where a report has been requested by you through our website, we will make the report available for download by you as soon as reasonably practicable. If you are a consumer, you acknowledge and agree that you will not have the right to cancel once download of the report has commenced and you consent and agree to such download occurring immediately.
2.4 Circumstances may arise, whether beyond the reasonable control of Aucspace or not, where a report will not be available for download after you have made payment. If this occurs Aucspace will use reasonable efforts to provide the report but where Aucspace are unable to provide a report, a refund will be issued to you (using the same payment method) as soon as reasonably practicable.
2.5 The prices for the reports (plus VAT when clearly not included) and the permitted payment methods will be indicated on the order pages when you place your order.
3.CONTENT OF THE reports
3.1 Our reports are prepared by qualified solicitors. Solicitors employed by Aucspace are authorised and regulated by the Solicitors Regulation Authority in their personal capacity. However, this authorisation and regulation does not apply to Aucspace, to the services that Aucspace offers more widely or to any work carried out by others.
3.2 Our reports and your receipt or use of them are not intended to convey or constitute legal advice nor do they give rise to a solicitor/client relationship. Specialist legal advice should be taken in relation to your property purchase.
3.3 The contents of our report are based on publicly available information and are for general information purposes only. Whilst we endeavour to ensure that the information is correct, no warranty, express or implied, is given as to their accuracy or as to the comprehensiveness of the information within the reports and we do not accept any liability for errors or omissions.
3.4 The copyright in our reports is owned by us and our licensors. We grant you a perpetual, non-exclusive licence to use the reports in relation to your property purchase. If you are a consumer, you may only use the report for your own personal, private, non-commercial purposes. If you are business, you may use the reports in relation to the purchase of a property for commercial purposes, but you may not use the report itself for commercial purposes. In all cases, you may not resell or licence use of the report to any third party.
4. LIMITATION OF LIABILITY
4.1 Nothing in these terms shall limit or exclude our liability for: (a) death or personal injury caused by negligence; (b) fraud; or (c) any other matter liability for which cannot excluded or limited by applicable law.
4.2 If you are a business, then, subject to Clause 4.1: (a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and (b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for the reports under such contract.
4.3 If you are consumer, then, subject to Clause 4.1. if we fail to comply with these terms: (a) we are only responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable, and (b) our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited the total sum paid by you for the reports under such contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
4.4 If you are a consumer and defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
4.5 In all cases, our supply of the reports may be delayed by events outside our control. We will not be liable for delays caused by any such events.
5. OTHER IMPORTANT TERMS
5.1 These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
5.2 You shall not transfer your rights or obligations under these terms.
5.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
5.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
5.6 Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.