Terms and Conditions

Welcome to Clearview Property Inspections Ltd! We provide property inspection services.

In these terms and conditions (Terms), when we say you or your, we mean both you, the person making a book for the property inspection services (Services) on our website (Site) and if applicable, any entity you are representing (such as your employer). When we say we, us or our, we mean Clearview Property Inspections Ltd, a company registered in England and Wales with company number 9634039. These Terms are entered into between us and you, each a Party and together the Parties.

These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning throughout these Terms or at the end of these Terms.

For questions about these Terms, or to get in touch with us, contact us using the details below:

Our contact details:

Clearview Property Inspections a company registered in England and Wales. Our company registration number is 9634039

Address: 9 Canary Court, Sunnyside, Rotherham, South Yorkshire, S66 3SA

Phone: 07966 231205

Email: info@cv-propertyinspections.co.uk

1. Acceptance and Term

1.1 You accept these Terms by booking the Services via the calendar on our Site.
1.2 If you are using the Site or placing an order for the Services on behalf of your employer or business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
1.3 These Terms apply from when you have accepted these Terms in accordance with clause 1.1, until we have completed the supply of the Services, as reasonably determined by us.

2. Use of the Site

2.1 You must not use the Site and/or place an order for Services through the Site unless you are at least 16 years old.
2.2 When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal data without an individual’s consent) or any other legal rights;

(b) using the Site to defame, harass, threaten, menace or offend any person;

(d) interfering with any user of the Site;

(e) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);

(f) using the Site to send unsolicited electronic messages;

(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

(h) facilitating or assisting a third party to do any of the above acts.

2.3 All personal data that you give to us will be treated in accordance with our privacy policy.

3. Accounts

3.1 You may create an account in order to purchase the Services from us (Account). You may register for an Account using your email address, or using your Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile picture, name and contact details.
3.2 You must ensure that any personal data you give to us when creating an Account is accurate and up to date.
3.3 It is your responsibility to keep your Account details confidential. You are responsible for all activity on your Account, including purchases made using your Account details.

4. Our supply of the Services

4.1 In consideration of your payment of the Price, we will provide the Services in accordance with these Terms and all applicable Laws, whether ourselves or through our Personnel.
4.2 We warrant to you that the Services will be provided using reasonable care and skill.
4.3 We will not be responsible for any Services unless expressly set out in the inclusions on the checkout page at the time of placing your order.

5. Cancellations and Rescheduling

5.1 At the time of placing your order through the Site, you may select a date and time for us to supply the Services via our calendar (Appointment).
5.2 In the unlikely event that we need to cancel an Appointment due to no fault on your part, such as where our team is unwell, or due to adverse weather conditions, we will aim to provide you with as much notice as possible.
5.3 If, for any reason, you need to cancel an Appointment with us, we would appreciate you giving us as much notice as you can, and in any event, at least 24 hours’ notice prior to the Appointment by calling or emailing us using the contact details at the beginning of these Terms.
5.4 If you are more than 10 minutes late to your Appointment and do not contact us in advance to let us know, the Appointment will be considered cancelled by you without notice.
5.5 Where you do not provide us with notice to cancel an Appointment in accordance with clause 5.3, or you are more than 10 minutes late to the Appointment, the Price will constitute the cancellation fee. You acknowledge and agree that this is a genuine pre-estimate of our loss arising as a result of your failure to give us notice of your unavailability, or attend your appointment on time.

6. Reports

6.1 Following your Appointment, we will provide you with a written report of our findings (Report) within 3 Business Days.
6.2 Depending on the Services you have purchased, the Report may include (without limitation) an inventory check, meter readings, or fire door checks. The Report may indicate the status of the Premises, including an indication of the cleanliness or condition of the Premises and any of its fittings, and may highlight matters of non-compliance with respect to fire safety regulations. You acknowledge and agree that the Services do not include rectification of any issues or matters highlighted in a Report. It is your sole responsibility to arrange for any repairs or maintenance to be completed to rectify any matters highlighted in a Report.
6.3 You acknowledge and agree that we and our Personnel are not qualified surveyors, valuers or building inspectors. Despite anything to the contrary, to the maximum extent permitted by law, we do not guarantee that any inspection will identify all issues or matters of non-compliance of a Premises.
6.4 Unless expressly set out in the Services, we will not conduct any testing of electrical items or perform compliance checks on such items, including smoke detectors or appliances.
6.5 Where we are required by law to notify a regulator of any matters of non-compliance of a property, you acknowledge and agree that we will make such notification without your prior consent.

7. Payment

7.1 You must pay us the purchase price of each of the Services you order, as set out on the Site (the Price) in accordance with this clause. All amounts are stated in pounds sterling, being the currency of the United Kingdom from time to time, and are inclusive of value added tax (or any equivalent tax in the UK), where applicable.
7.2 You will not be entitled to any part of the Services until the Price has been paid in full.
7.3 You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
7.4 The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
7.5 We may, from time to time, issue promotional discount codes for certain Services on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.

8. Premises

8.1 You agree to provide us (and our Personnel) with access to the Premises (and the facilities at the Premises) and any other premises as is reasonably necessary for us to provide the Services, free from harm or risk to health or safety:
(a) at the times and on the dates reasonably requested by us or as agreed between the Parties; and/or

(b) to enable us to comply with our obligations under these Terms or at Law.

8.2 You agree to ensure that the Premises is not occupied at the time of the Appointment, and has been cleared of any personal possessions, other than any personal possessions which are to be considered in the Report.
8.3 If we arrive at the Premises to provide the Services, but are unable to do so due to your failure to comply with this clause 8, you acknowledge and agree that the Services will not be provided, and you will be liable to pay us the Price in full. You acknowledge and agree that this is a genuine pre-estimate of our loss as a result of your failure to comply with this clause 8.
8.4 If we encounter any condition, event, circumstance, matter or thing in, on or around the Premises or otherwise that could not have reasonable been foreseen or anticipated by us as at the date of you scheduling your Appointment, and that would or would likely result in us, you or any third party suffering or incurring additional cost or delay, or would require a change to the Services, Price and/or these Terms (Unforeseen Site Condition), during the provision of the Services, we will notify you as soon as reasonably practicable after becoming aware of the Unforeseen Site Condition. For example, an Unforeseen Site Condition may include where the Premises has a greater number of rooms than agreed at the time of your order of the Services.
8.5 Any additional works, materials, costs or delays that we suffer or incur as a result of any Unforeseen Site Condition, or any instructions or directions given by you that are in addition to the Services, will constitute a deemed variation for which a change to the Services, Price and/or these Terms may apply (as reasonably determined by us). Any deemed variation will be priced as reasonably determined by us. We will not be required to perform the Services the subject of any Unforeseen Site Conditions until the Parties have agreed to the variation in writing.
8.6 You agree to pay our additional costs reasonably incurred as a result of an Unforeseen Site Conditions or you failing to comply with this clause 8.

9. Warranties and Representations

9.1 You represent, warrant and agree:
(a) to comply with these Terms and all applicable Laws;

(b) that all information and documentation that you provide to us in connection with these Terms is true, correct and complete;

(d) that you (and to the extent applicable, your Personnel) will provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services; and

(e) that you have not relied on any representations or warranties made by us in relation to the Services (including as to whether the Services are or will be fit or suitable for any particular purposes), unless expressly stipulated in these Terms.

10. Intellectual Property

10.1 You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, the Services and the Report) (Our Intellectual Property) will at all times vest, or remain vested, in us.
10.2 We authorise you to use Our Intellectual Property solely for your own personal use, and in the manner in which it was intended to be used.
10.3 You must not, without our prior written consent:
(a) copy, in whole or in part, any of Our Intellectual Property;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(c) breach any intellectual property rights connected with the Site or the Services, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.

10.4 This clause 10 will survive termination or expiry of these Terms.

11. Confidential Information

11.1 Subject to clause 11.2, each Receiving Party must (and must ensure that its Personnel do) keep confidential, and not use or permit any unauthorised use of, all Confidential Information.
11.2 The obligations in clause 11.1 do not apply to Confidential Information that:
(a) is required to be disclosed in order for the Parties to comply with their obligations under these Terms;

(b) is authorised to be disclosed by the Disclosing Party;

(d) must be disclosed by Law or by a regulatory authority, including under subpoena, or by the rules of any listing authority or stock exchange on which the Receiving Party’s shares are listed or traded.

11.3 Each Party agrees that monetary damages may not be an adequate remedy for a breach of this clause 11. A Party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause 11.
11.4 This clause 11 will survive the termination of these Terms.

12. Limitations on and exclusions to our liability

12.1 Neither Party may benefit from the limitations and exclusions set out in this clause 12 in respect of any liability arising from its deliberate default.
12.2 The restrictions on liability in this clause 12 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.
12.3 Nothing in these Terms limits any Liability which cannot legally be limited, including Liability for:
(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and

(d) defective Services under the Consumer Protection Act 1987.

12.4 Subject to clauses 12.1 (no limitation in respect of deliberate default), and 12.2 (liability which cannot legally be limited), but despite anything else to the contrary, to the maximum extent permitted by law:
(a) neither Party will be liable for any Consequential Loss;

(b) a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and

(c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Services to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the supply of the relevant Services to which the Liability relates.

12.5 We have given commitments as to the compliance of the Services with these Terms and applicable Laws in clause 4. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.
12.6 This clause 12 will survive the termination or expiry of these Terms.

13. Termination

13.1 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(a) the other Party (Defaulting Party) breaches a material provision of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

(b) the Defaulting Party is unable to pay its debts as they fall due.

13.2 Upon expiry or termination of these Terms:
(a) we will immediately cease providing the Services;

(b) to the maximum extent permitted by law, you agree that any payments made by you to us are not refundable to you;

(c) you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms; and

(d) you agree to promptly return (where possible), or delete or destroy (where not possible to return), any information, documentation or material owned by us that is in your possession or control, subject to any rights you may have to any Intellectual Property in accordance with clause 10.

13.3 We will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on expiry or termination of these Terms.
13.4 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
13.5 This clause 13 will survive the termination or expiry of these Terms.

14. General

14.1 Amendment: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
14.2 Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
14.3 Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.
14.4 Disputes: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask The Centre for Effective Dispute Resolution to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
14.5 Entire agreement: Subject to your Consumer Law Rights, these Terms contain the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersede and extinguish all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, whether written or oral, in respect of its subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
14.6 Force Majeure: Neither Party will be liable for any delay or failure to perform their perspective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:
(a) as soon as reasonably practical, notifies the other Party in writing of the details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and

(b) uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may, by notice, terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.

14.7 Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
14.8 Notices: Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
14.9 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. If any provision or part-provision of these Terms is deemed deleted under this clause Error! Reference source not found., the Parties will negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
14.10 Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase Services from a third party website linked on the Site, such third party provides the Services to you, not us.

15. Definitions

Business Day means a day on which banks are open for general banking business in England and Wales, excluding Saturdays, Sundays and bank holidays.

Commencement Date means the date on which these Terms are accepted in accordance with clause 1.

Confidential Information includes information which:

(a) is disclosed to the Receiving Party in connection with these Terms at any time;

(b) is prepared or produced under or in connection with these Terms at any time;

(d) relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms,

whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the Receiving Party receives that information.

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. The Parties acknowledge and agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss” for the purposes of this definition.

Disclosing Party means the party disclosing Confidential Information to the Receiving Party.

Dispute has the meaning given in clause 14.4.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, business names, get-up, goodwill, domain names, know-how, inventions, processes, trade secrets or Confidential Information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future, including in respect of Intellectual Property.

Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Premises means the location at which we have agreed to deliver the Services, as set out on the Site at the time of booking your Appointment.

Receiving Party means the party receiving Confidential Information from the Disclosing Party.

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