Terms and Conditions

Please read these terms and conditions carefully as they contain important information about your rights and obligations when using the Website.

Introduction

  1. These terms and conditions are deemed to include our privacy policy and are collectively known as the “Terms”.
  2. When you use this Site, you agree to be bound by these Terms. Please read these Terms carefully before you start to use our Site.  If you do not agree to be bound by these Terms, you must not use this Site.
  3. A reference to “You” or “Your” is a reference to the user of this Site and a reference to “our”, “us” or “we” is a reference to the Company.
  4. Certain uses of this Site are prohibited and amount to a misuse of our systems and the Site. 
  5. We recommend that you print and keep a copy of these Terms; they are a legally binding agreement between you and us. We may change these Terms at our discretion by updating them on the Site. The then current version of these Terms will apply whenever you use this Site. Please check this page from time to time and take notice of any changes.
  6. These Terms and your use of the Services of the Company will be interpreted in accordance with the laws of England & Wales. You and we agree to submit to the jurisdiction of the courts of England & Wales.

Definitions

In these Terms, the following definitions shall apply:

“Agent” means an estate agent, lettings agent (and in Scotland, solicitor agents) and/or commercial property agent (whether operating solely online or otherwise).

“Affiliate” means the Agent, service provider, franchisers or Developer.

“Company” means Cptmac Ltd (company registration number 12902804) with its registered office at Kemp House,160 City Road, London, UK, EC1V 2NX.

“Content” means any content and materials (including property details and any intellectual property rights) made available by, on behalf or on the instruction of, the Affiliate to Prospr on the Website(s).

“Product” means the item offered for sale. 

“Order Form” means a form on which a customer writes the details of a product or service they wish to order.

“Contract” or “Agreement” means a contract for Services between Prospr and the Affiliate governed by these Terms, the Order Form and, where appropriate, Product Specific Terms.

“Controller” is defined in the Data Protection Legislation.

“Data Subject” is defined in the Data Protection Legislation.

“Data Subject Rights” means the rights of Data Subjects set out in Chapter III of the GDPR.

“Developer” means a property developer, agencies that act on behalf of a property developer, housing associations, companies or agencies which operate within the retirement property market and all other agencies, companies and property developers which deal with the marketing of properties (except for Agents).

“Development” means a newly built property or a newly converted building where there has been a change of use from something other than residential usage, which carries some form of new build warranty and is classed as ‘new’ for mortgage purposes.

“Data Protection Legislation” means the EU General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) and the Privacy and Electronic Communications Regulations 2003, and (in each case) any successor legislation enacted in the United Kingdom.

“Fees” means the amounts due to Prospr by the Affiliate under the Contract.

“Group” means Prospr and any holding company or companies and any subsidiary undertaking(s) of Prospr.

“Initial Term” means an initial term of the Contract, if any, as set out in the onboarding or agreed by the parties in writing.

“Lead” means either an email or telephone call received by the Affiliate from any person who has contacted the Affiliate using the contact form or contact details supplied on the Website(s).

“Logo” means the Prospr logo or any other logo as Prospr may from time to time provide to the affiliates.

“Marketing Materials” means the marketing materials provided to the Affiliate by Prospr for the purpose of promoting the Services.

“Minimum Term” any minimum order period or term (other than the Initial Term) for Services as set out in a Services Amendment Form.

“Personal Data” is defined by the Data Protection Legislation.

“Processor” is defined in the Data Protection Legislation.

“Prospr” is the trading name of the Company and any references to Prospr in these Terms is a reference to the Company.

“Purchaser” an organisation or individual who will be purchasing our product.

“Services” means the services to be provided by Prospr (or its Group Companies) as set out in the Order Form 

“Subscriber” means the person subscribing to the Company’s Subscription Plan 

“Unique User” means a uniquely identifiable visitor to the Website

“Users” means visitors who have initiated one session on the website or app within a specified period of time

“Valuation Tool User” means an individual using the free service to acquire a valuation on a property

“Website” means http://www.prospr.co.uk or http://app.prospr.co.uk

Our rights and intellectual property

  1. The copyright and all other intellectual property rights in this Site (including all database rights, trademarks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). All rights are reserved.
  2. Subject to clause 3, you may download material from this Site for the sole purpose of using this Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
  3. The  Company logos and the word mark “PROSPR ” are our registered trademarks. You must not use or copy them without our prior written consent.
  4. This Site contains links to websites operated by third parties. We have no control over their individual content. We, therefore, make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third-party website linked to this Site, you do so at your own risk.

Communications & Your Rights

  1. We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may or may not relate to the Company. We will not sell your Personal Data for marketing purposes under any circumstances.
  2. You have a right to know what Personal Data we hold about you. You have a right to have incomplete, incorrect, unnecessary or outdated personal data deleted or updated. 
  3. You have a right to unsubscribe from direct marketing messages and to request that we stop processing your Personal Data for direct marketing purposes or on other compelling legal grounds.

Warranty

  1. While we endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
  2. Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error-free. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
  3. The information provided on this Site is for general interest only and does not constitute specific advice.
  4. We make no warranties or representations that the property information on this site is correct, accurate or up to date.
  5. We make no warranty or guarantee that the Site or information available on it complies with laws other than those of the United Kingdom. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

Liability

  1. We will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
  2. We may put in place such systems as we from time to time see fit to prevent automated programs from being used to obtain unauthorised access to our system and this Site. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk.  We shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Site.
  3. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), and breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
      • Use of, or inability to use our Site; or
      • Use of or reliance on any content or information displayed on our Site.
      • If you are a business, we shall not be liable to you for:
      • Any indirect, consequential, special or punitive loss, damage, costs and expenses;
      • Loss of profit;
      • Loss of business;
      • Loss of reputation;
      • Depletion of goodwill; or

4. We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked  to it.

 

Payment Terms

The Company currently has 2 Subscription Plans as follows;

  • Monthly plan
  • Yearly plan
  1. If you have agreed to pay a subscription fee, then you have a legal right to change your mind within 14 days. This is referred to as the “Cooling-off Period” In those circumstances, you will either receive a full refund of your first payment.
  2. After the end of your cooling-off period, you may still cancel your subscription at any time however, you will not be entitled to a refund.
  3. Our payment services provider is Stripe
  4. To subscribe to a Subscription Plan, you must provide a payment method. By subscribing to a Subscription Plan and providing your billing information during checkout, you grant us and our payment service providers the right to process payment for the plan via the payment method we have on record for you. At the end of each subscription term, we will automatically renew your subscription for the same length of term and process your payment method for the payment of the then-plan fee.
  5. In the event that we update your payment method using the information provided by our payment service providers, you authorise us to continue to charge the then-plan fee to your updated payment method.
  6. If we are unable to process payment through the payment method we have on file for you, or if you file a chargeback disputing charges made to your payment method and the chargeback is granted, we may suspend or terminate your subscription.
  7. We reserve the right to change our Subscription Plans or adjust pricing for our Services at our sole discretion. Any price changes or changes to your subscription will take effect following notice to you, except as otherwise required by applicable law.
  8. You agree that you will pay for all products you purchase through the site of Prospr. The Company may charge your credit or debit card account for any products purchased (as applicable) that may be raised by or in connection with your purchase. You are responsible for the payment of all of the agreed fees and for providing the Company with a valid credit or debit card or other payment methods.
  9. The selected plan fee will be charged to the credit card or debit card account or another payment method, you designate during the purchase process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online login section in your Prospr login account. 
  10. All plans are fixed at the time of purchase. 
  11. Charges for the product may vary at any time. The Product does not provide price protection or refunds in the event of a price reduction or promotional offering.
  12. If a product or service becomes unavailable for a period of 14 working days following a transaction, we will refund your designated credit or debit card on a pro-rata basis. If technical problems prevent or unreasonably delay delivery of your product or service, your exclusive remedy is either replacement of the service or refund of the price paid on a pro-rata basis.

Cancellation

  1. You are solely responsible for properly cancelling your account. You must unsubscribe using the wizard in the FAQ page 
  2. If you cancel the Service before the end of your current paid up month, your cancellation will take effect at the end of the paid period. Your subscription will remain usable until the said period has elapsed and you will not be charged again.
  3. The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

Notices

  1. All notices shall be given to us, by email at [email protected]
  2. If you have registered to use the Services, then we may serve a notice on you by email at the email address provided to us at the point of registration.
  3. All notices sent by email will be deemed to have been received on the day that they are sent.

Customer feedback and quality

  1. We try to ensure that all customer feedback is dealt with fairly and consistently and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please email us at [email protected]
  2. Phone calls directed to or from our advertisers, which include, but are not restricted to, third party estate agents, developers and landlords may be recorded for training and monitoring purposes.

General

  1. We may from time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Any amendments to these Terms will be made available.
  2. We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
  3. If you are a business user, these Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us.
  4. If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. 
  5. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms. 
  6. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
  7. If you are a consumer user, please note that these Terms and their subject matter and formation (including any non-contractual dispute or claim) are governed by the laws of England & Wales. You and we both agree that the courts of England & Wales will have exclusive jurisdiction.
  8. If you are a business user, these Terms and their subject matter and formation (including any non-contractual disputes or claims) are governed by the laws of England & Wales and will be subject to the exclusive jurisdiction of the courts of England & Wales.

TRUSTED DATA SOURCES

Land Registry Historic England National Rail Ofsted National Statistics Ordnance Survery Ofcom
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