Terms and Conditions

Hithome.co.uk (the “Website”) is a website operated by Hit Home Limited (“We”, “Us” or “Our”). Hit Home Limited is registered in England and Wales under company number 11443812. Our registered office address is 16 City Business Centre Suite 233, Hyde Street, Winchester, England, SO23 7TA.

Acceptance of Terms

Your use of, and access to, the Website are exclusively subject to these terms and conditions.

By using the Website you agree to not use the Website for any unlawful purposes or any purposes which are prohibited by these terms and conditions.

By using the Website you confirm that you accept these terms and conditions and that you agree to comply with them. If you do not accept or agree to these terms and conditions you must stop using the Website, and/or the service the Website provides (the Service), immediately.

We may update or amend these terms and conditions at any time. You must therefore check the terms and conditions regularly for any changes. Your continued use of the Website and/or Services following any changes shall be deemed to be your acceptance of any such changes.

These terms and conditions include the Privacy Policy. The Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. The Privacy Policy also sets out who we share the content you provide or upload with.

Quotes and ‘Currently Availabile On‘

Any quotes provided are estimates only and are based on information provided by you, the quotes are not binding on you or the surveyors and are subject to change and any agreement reached between you and the surveyors.

Any ‘currently available on’ dates provided are not binding on you or the surveyors and are intended to provide estimated dates, for comparison purposes only, of when the surveyors are available to carry out a survey at the point in time you consult Our Website. The actual date the surveys could be undertaken is subject to change and will be dependent on numerous factors including those outside of the surveyor’s control. Should you appoint a surveyor to undertake a survey for you, you must contact the surveyor directly to confirm when the survey could be carried out. You hereby expressly agree not to hold Us or the surveyors liable for any losses you incur if the survey is undertaken on a different date to the ‘currently available on’ dates provided.

Surveyors

All surveyors registered on the Website are required to confirm, when they join the Website, that they have appropriate professional indemnity insurance and public liability insurance. However, We do not check or confirm that the surveyors have appropriate professional indemnity insurance and public liability insurance in place. We therefore recommend that you ask to see copies of the surveyor’s insurance certificates before you instruct then to carry out any work for you.

We do not carry out any vetting on the surveyors listed on the Website other than confirming that the surveying firm is regulated by the Royal Institution of Chartered Surveyors at the point in time the surveyor applies to join the Website. We therefore recommend you carry out any further checks or vetting you consider necessary, prior to appointing any surveyors to act for you.

Disclaimers and limitation of liability

We expressly disclaim any responsibility or liability for any of the services, advice or products provided to you by the surveyors listed on Our Website. Should you appoint a surveyor to undertake a survey or any other work for you, the contract will be directly between you and the surveyor on terms agreed separately between you and the surveyor. We have no contractual involvement and we will not be liable in contract or otherwise for any of the services, advice or products provided to you by a surveyor.

You hereby expressly agree not to hold Us (including Our directors, employees and agents) liable for any of the services, advice or products provided to you by any of the surveyors listed on the Website.

The Website and Services are provided on an “As Is” and “As Available” basis without any representation or warranty, whether express, implied or statutory.

To the extent permitted by law, We exclude all warranties, endorsements, representations, conditions or other terms which may apply to the Website or any content on it, whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, non-infringement, compatibility, fitness for a particular purpose, accuracy and security.

We make no warranties that:

the Website and/or Service will meet your requirements or expectation,
that the Content on the Website will be reliable or accurate,
that the functionality of the Website will be error free or uninterrupted,
that any defects on the Website will be corrected,
or that the Website and or the Website servers will be free of viruses or anything else that may be harmful or destructive.

We will not be liable to you for any loss you suffer, even if such loss is foreseeable, in relation to your use or inability to use the Website, or any inaccuracies or delays on the Website or any reliance by you on content contained on the Website.

Where information is submitted by members of the public, third parties and surveyors, and is displayed on the Website, it does not represent Our views and We cannot be held responsible for any inaccurate claims or omissions or that may appear.

Users of the Website do hereby understand and expressly agree that We do not make any warranty or guarantee over the quality, integrity, timing, legality or any other aspect whatsoever of the services offered or delivered by surveyors listed on the Website.

You hereby agree not to hold Us (including Our directors, employees and agents) liable for any advice or services you receive which originated through the Website or the surveyors listed on the Website. We expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

To the fullest extent permitted by applicable law, We shall not be liable in any circumstances to any user for any damage or loss whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Website or the use of or reliance on any content displayed on the Website.

If you are a consumer user, please be aware that the Website is provided for domestic and private use only and you agree not to use the Website for any business or commercial purposes.

If you are a business user We will not be liable for any of the following losses:

any loss of profits or anticipated savings,
any loss of revenue or income,
any loss of business, sales, anticipate business, anticipate sales, work, contracts or opportunities,
any loss arising out of a Force Majeure Event,
any loss or corruption of data, databases, software or information,
any loss of or damage to goodwill or reputation,
any special, indirect or consequential loss or damage (howsoever arising),
any business interruption,
and any other loss as a result of an event or circumstance beyond Our reasonable control.

Nothing in this agreement will limit or exclude any liability for death or personal injury resulting from negligence.

No reliance on information

The content on the Website is provided for general information only and is not intended to amount to advice on which you should rely. You must obtain professional advice before taking, or refraining from, any action based on the content on the Website.

The content contained on the Website could be out of date at any given time and We are under no obligation to update it. We make no representations, guarantees or warranties, whether express or implied, that the content on the Website site is complete, up-to-date or accurate.

Indemnity

You hereby agree to indemnify and hold Us (including Our directors, employees and agents) harmless from and against any breach by you of these terms and conditions and any claim or demand brought against Us by any third party arising out of your use of the Website and any content you provide or upload onto the Website. Including all claims, proceedings, actions, losses, liabilities, costs, expensive and damages, including any legal costs and expenses, howsoever suffered or incurred by Us as a consequence of your breach of these terms and conditions.

Access to the Website

People under that age of 18 are not permitted to access the Website.

You are responsible for configuring your computer equipment, other devices and computer programs in order to access the Website.

We do not guarantee that the Website, or any content on the Website, will always be available or that access will always be uninterrupted. We will not be liable to you for any reason if the Website is unavailable at any time or for any period of time. Access to the Website is permitted on a temporary basis only.

We may change, suspend, withdraw or discontinue all or any part of the Website at any time without any prior notice.

You are responsible for making all necessary arrangements to ensure that you have access to the Website.

Viruses

We cannot guarantee that the Website will be secure or free from viruses or bugs.

You must use your own virus protection software.

We will not be liable for any damage or loss caused by a virus or any other technologically harmful material which may infect your computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or as a result of you downloading any of the Website content, or any content on websites liked to our Website.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

Intellectual Property Rights

We are the owner of all intellectual property rights on the Website and in any material published on the Website.

The Website and the Website’s content are protected by copyright, trademarks, and other intellectual property rights and laws. None of the Website or the Website’s content can be copied, downloaded, reproduced, stored or distributed without Our prior consent in writing.

If you provide or upload any content onto the Website (including reviews) you agree to assign all rights in the content to Us. You also agree that once you have submitted any content, the content will become Our property and that you are not able to recall all or any part of the content.

You agree that any name you submit when you leave a review, and any other content you provide as part of that review, can be published by Us on the Website.

Prohibited Use

You agree that you will use the Website for lawful purposes only and not in any way which breaches any applicable local, national or international laws or regulations or in any way that is fraudulent or unlawful or in any way which has unlawful or fraudulent effects or purposes.

You agree that you will not use the Website in anyway which is harmful or intended to be harmful to any person, business or other entity.

You agree that you will not use the Website to undermine the purpose and provision of the Website or to act in competition with the Website.

You agree that you will not dissemble, decompile, reverse engineer, decipher or otherwise derive the code used on the Website or to reproduce, distribute, copy, sub-licence, broadcast, sell, re-brand or re-sell any part of the Website.

You agree that you will not use any robots, spiders, scrapers, or other automated means to access the Website.

You agree that you will not use the Website to violate the privacy of others.

By accessing the Website you agree that you will access the contents for personal use only and you must not use any of the content for any commercial use.

Providing and Uploading content onto the Website

People under that age of 18 are not permitted provide content or upload content onto the Website.

We will not be responsible, or liable to any third party, for the content or accuracy of any content you provide or uploaded onto the Website. You agree to indemnify Us, and hold Us harmless, for any losses We suffer as a result of content you provide or upload to the Website.

We reserve the right to remove or withhold any content from the Website. We also reserve the right to edit any content you provide or upload in order to amend spelling, grammar, punctuation, length, to improve clarity.

If you provide or upload any content to the Website, you must ensure that all content:

is genuine, accurate, true, up to date, and not misleading,
complies with the applicable law in the UK and any other country from which the content is posted or viewed,
does not promote or encourage illegal activity,
complies with Our privacy policy,
does not disclose any personal, private or confidential information or data,
does not contain material which is, or could potentially be defamatory, aggressive, offensive, obscene, hateful, inflammatory or rude,
does not infringe the copyright or any intellectual property rights of any person and where such content relates to an image, you must ensure that all necessary consents and authorisations have been obtained,
does not impersonate any person or misrepresent identities.

Any content you provide or upload on to the Website will be considered non-proprietary and non-confidential.

You expressly agree that We have the right to use, distribute, copy and disclose any content you provide or upload to the Website, to any third party.

Reviews

By submitting a review or associated content you expressly represent and warrant:

You agree to indemnify and hold Us and Our directors, officers, employees, subsidiaries, affiliates, agents and any other partners or representatives harmless from any and all losses, demands, claims, liability, expenses or damages (actual and consequential) of every kind and nature, known and unknown including all legal and professional costs and expenses incurred as a result of your breach of your representations, warranties and agreements set out above.

For any reviews or associated content you submit, you grant Us a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, adapt, copy, publish, translate and delete such reviews or associated content and to incorporate such reviews or associated content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Our sole discretion. We reserve the right to change, condense or delete any reviews or associated content that We deem, in Our sole discretion, violates the content guidelines or any other provision set out in these terms and conditions.

We do not guarantee that you will have any recourse or method of deleting or editing any review or associated content you submit once it has been submitted.

We reserve the right to remove or to refuse to publish any review or associated content you submit, for any reason whatsoever.

You acknowledge that you, not Us, are responsible for the review and associated content you submit.

By submitting a review or associated content you agree that We may contact you, either by telephone or by email to discuss the review with you if needed.

Links to Third Party websites and Resources

The Website may contain links to third party websites or resources which We do not control or maintain. Any links are provided for your information only and We do not endorse any third party websites and you agree that We have no control over any such websites and that We are not responsible for the content on any such websites or the websites availability.

You agree that if you link to the Website, you will do so in a way which is legal and fair and does not cause damaged to Our reputation. We reserve the right to withdraw any permissions to link to the Website without any prior notice.

You must not create a link to the Website which in anyway implies any form of partnership, association, endorsement or approval from Us to you or between us.

International Use

You agree that you will comply with all applicable laws relating to the transmission of data exported from the United Kingdon, or the country in which you reside, and with all local laws and rules regarding the acceptable use of the internet and conduct on the internet.

Compliance these Terms and Conditions

We will determine at Our discretion, whether you have failed to comply with these terms and conditions. Failure to comply with these terms and conditions constitutes a material breach and may result in your Us temporally or permanently withdrawing your access to the Website, the commencement of legal proceedings against you or the disclosure of necessary information to law enforcement authorities.

Severance

If any of the terms or conditions contained in these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

­­­Failure or Delay

Failure or delay by either party in exercising any rights, remedies, powers or privileges under these terms and conditions shall not constitute a waiver of any rights, remedies, powers or privileges by that party, nor does it preclude or restrict any other or further exercise of those rights, remedies, powers or privileges. No single or partial exercise of any such rights, remedies, powers or privileges preclude other or further exercise of any rights, remedies, powers or privileges. Except as otherwise provided, the rights and remedies provided under this agreement shall be cumulative and not exclusive of any rights or remedies provided by law.

Other Parties

A person who is not a party to these this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement.

Variation

No amendments or variation to these terms and conditions will have any contractual effect unless agreed by, and signed by, the parties in writing.

Entire Agreement

These terms and conditions constitute the entire agreement between Us and you in relation to the subject matter of these terms and conditions.

Governing Law

These terms and conditions are governed by and construed in accordance with the law of England and Wales. You hereby agree that the courts of England and Wales will have exclusive jurisdiction to decide a dispute involving these terms and conditions, regardless of who initiates proceedings.