Wessex Searches General Terms and Conditions

Active 1 October 2017

These terms and conditions (the General Terms) set out the terms and conditions which will apply to any orders placed either through the Wessex Searches website (the Website) or when ordering by post, fax, Xml or email.  

If you register as a user of the Website and / or you place an order with Wessex Searches, you agree to be bound by these General Terms.  If you do not accept these General Terms, please do not place an order.

The General Terms apply in addition to either the CON29DW Terms, the Commercial Terms, and / or Third Party terms as applicable, depending on the search ordered (the Report Terms). Together, the General Terms and the relevant Report Terms are referred to as the Terms.

Please read the Terms carefully, as by using the Website and our services, you agree to the Terms. 

1. About us

1.1 Wessex Searches (we, us, our) is a trading name of Wessex Water Enterprises Limited, company registration number 02279151 and registered office address Operations Centre, Claverton Down Road, Claverton Down, Bath BA2 7WW. We can be emailed at  contactus@wessexsearches.co.uk, contacted by telephone on 01225 525 206 or by fax on 01225 528 994.  

2. About our services

2.1 We are the official producer of the CON29DW Drainage and Water enquiry and the Commercial Drainage and Water enquiry in the Wessex Water, Bristol Water and Bournemouth Water areas. Searches can be requested for residential properties (CON29DW Search) or commercial properties (Commercial DW Search). 

2.2 We also offer a number of third party searches through our Website (Third Party Searches). CON29DW Searches, Commercial DW Searches and Third Party Searches are referred to together as Searches

2.3 Searches can be ordered by any person, company, firm or legal body (a Client) either on their own behalf or through their authorised representative(s). References to you and your in the Terms are references to the person, firm or company requesting the provision of search information and reports from us. 

3. Your account and data protection

3.1 You will need to set up an account to use our services. To do this you will need to provide us with some information, which we will treat in accordance with our Privacy Policy (available on the Website). You will have a password, which you are responsible for keeping secure. 

3.2 By signing up for an account, you warrant that you have the necessary capacity, authority and consents to request Searches from us.  If you are acting on behalf of a Client, you are also responsible for ensuring that you have the necessary consent for names, addresses, and other personal information to be submitted to us when you request Searches and agree that you will comply with the Data Protection Act 1998 at all times. 

3.3 You acknowledge that some or all information needed to provide a Search may come from a Third Party.  Where this is the case, we will pass on your request (and where necessary personal data) to the relevant Third Party.

4. Use of our Website

4.1 You must not use our Website for fraudulent or illegal purposes, or in any way that would interrupt or damage the Website. In particular you must not knowingly transmit viruses, Trojan horses, worms or any other malicious code.  

4.2 You are responsible for ensuring that your computer is secure and you have up-to-date antivirus protection. We accept no liability for viruses transmitted through our Website.

4.3 Our Website is intended for use in the UK and we make no guarantee that the Website will be available or appropriate for use in other locations. 

4.4 We give no guarantees as to the operation, availability or functionality of the Website or that it will be error-free.

4.5 Information on our Website is not intended as advice which you should rely on.  

4.6 We can change the content of our Website at any time but are under no obligation to update it.  

5. Ordering services

5.1 You can order Searches through our Website by submitting an electronic search request or by post, fax, Xml or email (a Request). 

5.2 For Requests by post, fax, xml or email you must complete our order form, including full details of the Search(es) you would like to order.  You can find a copy of the order form on our Website or alternatively can request a copy by email, telephone or fax using the contact details in 1.1 above.  

5.3 Requests by post, fax or email should be sent to the postal or email address below:  

Wessex Searches

Wessex Water Operations Centre

Claverton Down Road

Bath BA2 7WW

contactus@wessexsearches.co.uk

Fax: 01225 528 994

We cannot accept liability in the event that you order a Search by post, fax or email and the letter, fax or email is not received by us.

5.4 If the Search you have ordered is a Third Party Search, we will pass your Request on to the relevant search provider (each a Provider). 

5.5 Third Party Searches are subject to the relevant Provider’s terms and conditions. You can view their terms on our Website before you submit a Request, and if you submit a Request you agree to their terms. We are not responsible for any Third Party Searches and accept no liability in relation to Third Party Searches or the terms on which they are provided. If there is any conflict or inconsistency between these General Terms and the Provider’s terms, the provisions of the Provider’s terms shall apply in relation to the provision of the Third Party Search.  

5.6 We may choose not to accept a Request, in which case we will notify you within 48 hours. 

6. Cancelling services

6.1 You are always entitled to cancel any Requests you have submitted at any time before we start to process it.  

6.2 If you are a business customer, you can cancel your Request after we have started to process it, but we may charge a cancellation fee.  Where a Search has been ordered, and has been fulfilled or partly fulfilled prior to cancellation, then the full price of the Search shall be payable. 

6.3 If you are a consumer (and not trading as a business), you can cancel your Request within 14 days of the date of your Request. You can tell us of your decision to cancel by post, fax or email and you can (but you don’t have to) use our cancellation form (available on the Website). 

6.4 If you are a consumer, due to your cancellation rights, we won’t start to process your Request until the 14-day cancellation period is up, unless you expressly tell us to do so and acknowledge that you waive your cancellation rights. If you waive these rights, you can still cancel after we have started to process your Request, but we may charge a cancellation fee. Where a Third Party Search has been ordered, and has been fulfilled or partly fulfilled prior to cancellation, then the full price of the search shall be payable.

7. Services and standards

7.1 If we accept your Request, we will perform the Search you have requested and will produce an electronic report (a Report). If you have ordered a Third Party Search, and this has been accepted by the Provider, the Provider will produce an electronic report in response to your order (a Third Party Report). 

7.2 We will use reasonable skill and care when we perform Searches and produce Reports.  

7.3 Reports and Third Party Reports provided in response to your requests will be sent to the contact details provided in your request. We will provide Reports within a reasonable period of time and we won’t be responsible for delays in providing Third Party Reports.  

7.4 It is your responsibility to ensure that the Searches and Reports meet your or your Client’s requirements.  

8. Accuracy of information

8.1 We will prepare Reports using the details you provide when you submit a Request. You must make sure all details you submit with your Request are accurate and complete.   

9. Prices and payment

9.1 All prices for Searches are published on our Website. Prices are in pounds sterling and include VAT unless otherwise stated.  

9.2 Our prices may change from time to time and our Website will be updated to reflect those changes.  The price you pay will be the price stated on our Website at the time the Request is submitted.

9.3 Unless you have an account with us, we must receive payment for Searches in full before the Report is produced. 

9.4 If you have an account with us, we will invoice you in arrears for Searches which may be weekly, monthly or in relation to each Search. Invoices are payable within 30 days of the date of the invoice. 

10. Intellectual property rights

10.1 All intellectual property rights in the Website are owned by us and/or our licensors.  

10.2 You may only print out or copy any pages from our Website for your own personal use. You can link to our homepage but only if this is legal and fair and doesn’t damage our reputation or suggest an endorsement by us. You must not frame our site on any other site or link to any part other than our homepage.  

10.3 Except as set out in this clause, neither you nor your Client (if applicable) obtains any rights in any intellectual or other property. 

11. Limitation of liability

11.1 Nothing in the Terms limits our liability for death or personal injury arising from our negligence.  

11.2 As far as we are allowed to do so, we exclude:  

11.2.1 liability for errors, omissions and/or inconsistencies in the content of Reports or Third Party Reports unless these are directly due to our wrongful or negligent acts or omissions;  

11.2.2 all conditions, warranties and other implied terms; and 

11.2.3 all liability for direct, indirect or consequential loss or damage you incur in connection with our Website or with the Reports.  

11.2.4 all liability for indirect or consequential loss or damage you incur in connection with the Reports.

11.3 Our entire liability in respect of all causes of action arising by reason of or in connection with a Report shall be limited as set out in the relevant Report Terms. 

11.4 All other liability which we may incur under or in connection with the Terms shall be limited to £250,000.  

11.5 Transmission of information via the internet is never completely secure and we will not be liable to you for any loss, expense or damage you incur or suffer as a result of electronic transmission of information being intercepted by unauthorised third parties.  

12. Complaints

12.1 If you need to send us a complaint, please follow our Complaints Procedure (available on the Website).

12.2 If you are still not satisfied with our response or action, you can refer your complaint to The Property Ombudsman scheme at Milford House, 43-55 Milford Street, Salisbury, Wiltshire SP1 2BP or by email to  admin@tpos.co.uk.

13. Termination

13.1 If you breach the Terms, we may take any appropriate action, including but not limited to closing your account, suspending the provision of our services, withdrawing your right to use the Website and/or taking legal proceedings against you.  

13.2 You can close your account and terminate any Requests if we materially breach the Terms.  

13.3 You can stop using our services at any time by using our “unsubscribe” procedure.

14. General

14.1 We reserve the right to modify, add to or change the Terms at any time. Any changes will be effective as soon as they are posted on our Website. If you continue to use the Website you will be deemed to have accepted the changes.  

14.2 If you are acting on behalf of a Client, your Client is entitled to the benefit of the Terms.  

14.3 Our Website may contain links to third party websites. These websites are not under our control and we accept no responsibility for them.  

14.4 You may not assign, sub-license or otherwise transfer your rights under the Terms. 

14.5 If any provision of the Terms is invalid or unenforceable, it will be taken to be removed from the rest of the Terms to the extent it is invalid or unenforceable.  

14.6 The Terms (including, for the avoidance of doubt, both the General Terms and the Report Terms) are the only terms that apply to any Request you make and any Report we produce and are the entire agreement between us relating to such Requests and Reports.  

14.7 The Terms and any disputes or claims in connection with them (including non-contractual disputes or claims) are governed by English law. Any disputes or claims (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.