Terms of Sale

BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which we sell our location-specific mobile and broadband connectivity search reports (“Reports”) (as such Reports are described in further detail here https://connectivitysearch.co.uk/ ) to customers through this website https://connectivitysearch.co.uk/ (our “Site”). You will be required to read and accept these Terms of Sale when ordering a Report. Please read them carefully and ensure you understand them. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Report.

  1. Information About Us
    1. Our Site is owned and operated by Slingshot Six Limited, a private limited company registered in England under number 09575325, whose registered office is at Devon Cottage, Alphington Road, Exeter, EX2 8NA. Our VAT number is GB 219 4371 07 (“we/us/our”).
    2. If you wish to contact us with general questions about your order or Report, or concerning any problems with our Reports, please contact us in writing at Devon Cottage, Alphington Road, Exeter, EX2 8NA or by email at customerservices@slingshot6.com.
  2. Access to and Use of Our Site
    1. Access to our Site is free of charge. It is your responsibility to make any and all arrangements necessary in order to access our Site.
    2. Certain parts of our Site (including the ability to order Reports) require an account in order to access them. When creating an account, you warrant that the information you provide is accurate, current and complete. We reserve the right to deactivate your account if any information you provide us with is false or misleading or if you otherwise breach these Terms of Sale. If any of your information changes at a later date, it is your responsibility to ensure that your account is kept up-to-date.
    3. It is your responsibility to keep your password safe. You must not use anyone else’s account, nor permit any third parties to access your account. If you believe your account is being used without your permission, please contact us immediately. We will not be liable for any unauthorised use of your account.
    4. Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time and for any period.
    5. Use of our Site is subject to our Website Terms of Use https://connectivitysearch.co.uk/acceptable-use.html. Please ensure that you have read them carefully and that you understand them.
  3. Orders – How Contracts Are Formed
    1. Our Site will guide you through the process of purchasing a Report. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it and, in particular, that the details of the premises to which the Report relates (the “Premises”) is complete and accurate.
    2. Minor changes may, from time to time, be made to Reports between your order being placed and us processing that order and sending you the Report, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Report and will not normally affect your use of the Report. However, if any change is made that would affect your use of the Report, suitable information will be provided to you.
    3. You agree to provide us with any information reasonably required for the provision of the Report and to ensure the accuracy and validity of all data and information provided to us in this respect.
    4. If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible. If we are unable to process your order due to incorrect or incomplete information, we will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, we will cancel your order and treat the contract for the purchase of the Report (the “Contract”) as being at an end. We will not be responsible for any delay in the availability of a Report or in any incompatibility or unsuitability of a Report that results from you providing incorrect, misleading or incomplete information.
    5. No part of our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Report constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending you an order confirmation email. Only at that point will there be a legally binding Contract between us and you.
    6. In the unlikely event that we do not accept or cannot fulfil your order for any reason, we will explain why in writing. No payment will be taken under normal circumstances. If we have taken payment any such sums will be refunded to you.
    7. Any refunds due to you under these Terms of Sale will be issued as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs, using the same payment method that you used when purchasing your Report.
  4. Pricing and Payment
    1. The price of a Report (including VAT) shall be the price published on the Site from time to time for the same (the “Fee”). We may from time to time change the Fee and add, alter, or remove special offers in our discretion. Such changes will not affect any order that you have already placed but will apply to any future orders you make.
    2. Payment for Reports must always be made in advance. Your chosen payment method will be charged when we process your order and send you an order confirmation email.
    3. We accept the following methods of payment on our Site:
      1. PayPal
      2. Stripe
    4. Payment of the Fee must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
    5. If you do not make payment to us by the due date we may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of the Bank of England from time to time. In the case of commercial debts we reserve the right to claim interest and recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.

  5. Provision of Reports
    1. Following our receipt of the Fee in full and cleared funds, we generate a digital PDF of the Report and send this to you within 21 days from sending you the order confirmation email. You may download or access the Report via email or via the link we send you which may be accessed through your account.
    2. You must not use our Reports in any way, or for any purpose, that is unlawful or fraudulent or is in breach of any legal duty owed to a third party, and you must comply fully with any applicable local, national or international laws and/or regulations.
  6. Intellectual Property and Licence
    1. All content included on and forming part of our Reports and the copyright and other intellectual property rights subsisting in the Reports, unless specifically labelled otherwise, belongs to or has been licensed by us and is protected by applicable United Kingdom and international intellectual property laws and treaties. You must keep all copyright and other proprietary notices on the Report and our status as the author (or that of identified licensors, as appropriate) must always be acknowledged. You agree to notify us in the event that you suspect any infringement of our or our licensor’s intellectual property rights.
    2. When you purchase a Report, subject to Clause 6.3, we will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Report for commercial or non-commercial purposes (as applicable). The licence granted to you does not give you any rights in the content (including any material that we may licence from third parties).
    3. You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Report (or any part of it) or make it available to third parties except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’) or to friends, family or employees. You shall procure that any authorised third parties to whom you transmit a Report shall treat the Report as strictly confidential and not disclose the same to unauthorised third parties.
    4. You acknowledge that your use of rights in any third-party data, information and content forming part of any Report is conditional on our obtaining a sub-licence of such rights from the relevant licensor on such terms as will entitle us to license such rights to you. You agree to comply with any additional third-party terms communicated to you by us in respect of such data before you place your order.
  7. Disclaimer
    1. You acknowledge that the content of the Report is based on third party publicly available websites, sources and data. The accuracy of the Report is dependent on the accuracy and validity of the third-party information we collect in respect of the Premises. We do not warrant, guarantee or represent that such sources and data or that our Reports are complete, accurate, up-to-date, fit for purpose, will meet your requirements, or that they will not infringe the rights of third parties. We are not responsible for any opinions, views, or values expressed in such third-party sources and data. Unless otherwise indicated, these are provided for general information and illustrative purposes only. We neither assume nor accept responsibility or liability for the content of third party data incorporated into our Reports. You rely on such third-party data solely at your own risk and shall have no claim or recourse against us or any of those sources for such content.
    2. You acknowledge and understand that no physical inspection of the Premises is undertaken in connection with the supply of the Report and that the Report does not include a topographical survey. More advanced services which include topographical surveys are available as part of a recommended third-party Desktop Survey but do not form part of Reports ordered under these Terms of Sale. You also acknowledge that the reliability of any Report sold to you is likely to reduce over time.
  8. Problems with Reports
    1. By law, if you are a consumer we must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Report does not comply, please contact us as soon as reasonably possible to inform us of the problem and to arrange for a refund, rectification or replacement. Your available remedies will be as follows:
      1. If the Paid Content has faults, you will be entitled to a repair or a replacement.
      2. If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.
      3. If you can demonstrate that the fault has damaged your device or other digital content belonging to you because we have not used reasonable care and skill, you may be entitled to a repair or compensation.
    2. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
  9. Termination
    1. We and you have a legal right to end the Contract at any time if the other party is in material breach of it and we has failed to remedy the breach within 7 days of the other party’s written notice to do so. You may also be entitled to a full or partial refund and compensation. Please note that you will not be eligible to terminate under this Clause 9 if we informed you of any problems with the Report before your purchase or if you have purchased the Report for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Report for that purpose.
    2. If you wish to exercise your right to cancel under this Clause 9, you may do so by contacting us at the contact details in section 1.2.
  10. Our Liability
    1. Subject to Clause 10.3, we will not be liable to you for any loss of profit, loss of business, loss of contracts, goodwill or reputation, interruption to business, loss of anticipated savings, loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with the Contract, including any loss or damage arising out of your use of or reliance on any Report or its compatibility with your intended purpose at the Premises.
    2. Subject to Clause 10.3, our total liability to you for all other losses arising out of or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the cost of the report.
    3. Nothing in these Terms of Sale seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
    4. If you are a consumer, nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
  11. Force Majeure
    1. We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
    2. If any event described under this Clause 11 occurs that is likely to adversely affect our performance of any of our obligations under these Terms of Sale:
      1. We will inform you as soon as is reasonably possible;
      2. Our obligations under these Terms of Sale will be suspended and any time limits that we are bound by will be extended accordingly;
      3. We will inform you when the event outside of our control is over and provide details of any new dates, times or availability of Reports as necessary;
      4. If the event outside of our control continues for more than 3 months we will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
      5. If an event outside of our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under Clause 9 above.

  12. How We Use Your Personal Information (Data Protection)
    1. All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
    2. 12.2 For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy and Cookie Policy https://connectivitysearch.co.uk/privacy.html.
  13. Other Important Terms
    1. These Terms of Sale constitute the entire agreement between us and you with respect to your purchase of Reports from us. To the fullest extent permitted by law, you acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
    2. We may transfer our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
    3. You may not transfer your obligations and rights under these Terms of Sale (and under the Contract) without our express written permission.
    4. You shall ensure that each authorised user to whom we grant you permission to allow to access the Reports agrees to comply with and is bound by these Terms of Sale and we may enforce such terms and conditions against those users pursuant to the Contracts (Rights of Third Parties) Act 1999.
    5. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale, which shall be valid and enforceable.
    6. No failure or delay by us in exercising any of our rights under these Terms of Sale means that we have waived that right, and no waiver by us of a breach of any provision of these Terms of Sale means that we will waive any subsequent breach of the same or any other provision.
    7. We may revise these Terms of Sale from time to time and any such changes shall be posted on our Site. By placing an order you shall be deemed to have accepted and agreed to comply with the revised Terms of Sale.

  14. Disputes, Law and Jurisdiction
    1. The parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to these Terms of Sale or any breach thereof.
    2. If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
    3. If the parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.
    4. Within 14 days of the appointment of the mediator (either by mutual agreement of the parties or by LawBite in accordance with their mediation procedure), the parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.
    5. All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the parties in any further proceedings.
    6. If the parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both parties, shall be final and binding on them.
    7. If the parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the parties) of the mediator being appointed, or if either party withdraws from the mediation procedure, then either party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme.
    8. Any dispute shall not affect the parties’ ongoing obligations under these Terms of Sale.
    9. These Terms of Sale, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales and, subject to Clauses 14.1 to 1.8, both parties submit to the exclusive jurisdiction of the courts of England and Wales.
    10. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

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