Terms of use

Last Updated:  15 June 2017

1. What are Terms of Use?

Here are some important rules about using this website Mouseprice.com (the “Site”) and any services or products provided by us (the “Terms”). If you do not accept these Terms, please do not use this Site, services or products.

2. Who are we and how to contact us?

The Site is owned and operated by Landmark Analytics Limited (“we”, “us” “our”), Registered Company No:  05156356, 7 Abbey Court, Sowton Industrial Estate, Exeter, Devon, EX2 7HY. We reserve the right to amend these Terms from time to time without notice to you and you agree to be bound by any such changes in your subsequent use of our Site.

3. What are you accepting by using our Services?

By using our Site, services, or products, you confirm that you accept:

• these Terms;
• our Privacy Policy
• if you pay for any of part of our Site, or our services or products, then additional terms and conditions will apply.

and you agree to comply with them.  We recommend that you print a copy for future reference.

We may amend these Terms from time to time to make sure we remain compliant with relevant laws and regulations and where we improve or change our Site, services or products. We are not required to provide any individual notice, so please ensure you check the Terms page frequently. We will always publish the date these Terms were last updated at the top of this document. Your continued access and use of our Site, services or products will constitute as acceptance by you of the last updated Terms.

4. Access to our Site, services or products

We do not guarantee that our Site, services or products will always be available or uninterrupted. Access to our Site, services or products is permitted on a temporary basis. We may deny access to, close, suspend, change part or whole of our Sites, services or products without any notice. We will not be required to provide you with any notice and we will not be liable to you in these instances.

You are responsible for making all arrangements necessary to have access to our Sites, services or products.

You are also responsible for ensuring that all persons who access our Site, services or products through your internet connection are aware of and comply with these Terms and other applicable terms.

If you are experiencing any issues with our Site, services or products, then you can contact us. Data Protection Officer, Landmark Analytics Limited, 7 Abbey Court, Sowton Industrial Estate, Exeter, Devon, EX2 7HY .

5. How can you keep your account secure?

If you create an account with us, you may be provided with an activation email as part of the security procedure. You will also be asked to choose a password for your account. To keep your account safe, you must not share this information with any third party.

If you know or suspect that someone else knows your security details, you must change your password immediately and promptly notify us.

You also agree that you will not register multiple email addresses.

6. Our Site, services and products are only available for properties in the United Kingdom

Our Site, services and products only provides information on properties based in the United Kingdom.

7. What do you need to know about the property details?

Our Site does not display listings directly from individual consumers.

If you are the owner of a property being displayed for sale or for rent on our Site, this is because the estate agent or bank you have chosen to use for the sale or the letting of your property has chosen to advertise your property on our Site.

We may use the data which we hold about properties to provide professional valuation services and other data services to third parties.

8. Who owns the materials on the Site, our services or products?

The Calnea Analytics logo, mouseprice.com logo, calnea.com and Mouseprice.com and Landmark Analytics Limited are all trademarks that we own.

All contents of our Site, services or products (unless otherwise stated below), including but not limited to design, images, articles and software code belong to us. All copyright and database rights are reserved.

Certain contents made available via this Site, our services, or our products is produced by the Land Registry. In particular, any Crown copyright materials are reproduced with the permission of the Land Registry. Any usage of Crown copyright materials is subject to the “Land Registry material: permissions” section below.

Our Site, services and products also includes functions that enable contributors to add and amend property details. If you are a contributor, you hereby grant to us an irrevocable, perpetual, non-exclusive, transferable royalty free worldwide licence and right to use, copy, display, reformat, amend, change, excerpt, distribute or sub-license for profit or otherwise in public any such content you add to our Site, services or products and any amendments you make to existing content, both for the purposes of the Site and any other purpose envisaged or proposed by us or our assignees or to retain and use this content for such purposes as we see fit from time to time. You warrant that you are the originator of this content and have the right to grant this licence, or in the alternative that you have obtained in writing all necessary rights, consents and licences from the owners, lessors or licensee of any content you add to our Site, services or products. You shall fully indemnify and keep us indemnified on demand against any and all loss, damages, costs, expenses or other claims arising from any breach of these warranties and licences.

Other product and company names mentioned on our Site, services or products may be the trademarks of their respective owners.

9. How can you use the materials from our Site, services or products?

You are granted permission to access copyrighted material for viewing on screen or printing for your own private or internal use only.

You are not authorised to reproduce this material. You have limited rights of use to the information provided on our Site, services or products. Without our written consent you shall not, at any time, attempt to:

• copy, distribute, sell or publish any of the material;
• use software to automate any searches of our database
• distribute their username and password to any third party.

We reserve the right to terminate or restrict your use of our Site, services or products, at any time, if:

• in our reasonable opinion you have failed to comply with any of these Terms;
• where we suspect or know that you are engaged in illegal or fraudulent use of the Site our services or products; or
• where we suspect or know that a third party has unauthorised access to your account.

You acknowledge that you are not allowed to assign, dispose of, transfer or sub-contract your rights and obligations as laid out in these Terms without our written consent.

You must not post or publish any copies or downloads of materials which come from our Site, services or products on any networked computer, or make any statements or undertake any actions which could result in liability for us.

You will not collect any information, content, data, any other materials, or otherwise access our Site using automated means (such as harvesting bots, robots, spiders or scrapers) without our prior permission.

Except as expressly authorised by us, you will not create a database in electronic or paper form comprising all or part of any of the content appearing on our Site, services or products.

Land Registry Permissions:

The Land Registry provides different levels of restrictions on the use of Crown copyright material. Please see below:

• Land Registry permitted use. Viewers of this information are granted permission to access this Crown copyright material and to download the Crown copyright material onto electronic, magnetic, optical or similar storage media provided that such activities are for private research, study or in-house use only.
• Land Registry restricted use. Viewers must not copy, distribute, sell or publish any of the Crown copyright material.

Any other use of Crown copyright material requires the formal written permission of Land Registry which can be requested from Land Registry at Lincoln’s Inn Fields, London, WC2A 3PH.

10. Accuracy of the content provided via our Site, services or products

The information we provide is provided ‘as is’ and is provided for general information only. We do not warrant that the information we provide will be fit for your particular purpose nor do we warrant the completeness or suitability or accuracy or error free nature of any information. You assume total responsibility and risk for your use of any information we send you or that you have obtained on or through our Site, services or products. It is your sole responsibility to evaluate the accuracy, completeness, usefulness and suitability of all information provided by us.

You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site, services or products.

Although we make reasonable efforts keep our Site, services and products up-to-date, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site, services or products is accurate, complete or up-to-date.

We may update, edit or remove content made available via our Site, services or products from time to time.

11. Content provided by other users

Certain of the content (such as property details) on our Site, services and products may be provided by third parties such as estate agents. We have no control over any third party content. Your use of such content is at your own risk and we strongly suggest that you verify the accuracy of the content before using it.

12. What do you need to know about the links via our Site, our services or products?

Our Site, services or products may include links to other internet sites that are not controlled or maintained by us. Such links should not be interpreted as approval by us of those linked websites and we make no representations or warranties about those sites, their content, nor that the links are live. The links are provided by third parties and are for information purposes only.

13. How do we process your personal information?

Our Privacy Policy sets out what personal data and other information we collect and how it will be used. By using our Site, services or products, you consent to such processing and you warrant that all data provided by you is accurate. If you do not agree, please stop using our Site, services or products.

Cookies help us make this site available to you and deliver products or services to you from time to time.  By using our Site, services or products, you agree to our use of cookies as explained below].

The cookies we use are as follows:

Session management cookies

ASP.NET_SessionID, MP_HM_Checked, SPV_ViewMap

Used by our website to remember what users have selected

expires with session

Other Cookies

Google Ads

Tracking of Google pay-per-click advertising

http://www.google.com/policies/privacy/ads/

2 year expiry

Google Analytics

Collects information about website usage so that we can improve the website

http://tools.google.com/dlpage/gaoptout

14. What could we be liable for?

Whether you are a consumer or a business user:

• nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law;
• additional terms, limitations and exclusions of liability will apply to liability arising as a result of the supply of any paid for access to our Site, services or products.
• we shall not be responsible for any inaccuracy or errors in the information supplied. Furthermore, we will not be liable for any defamatory, offensive or illegal conduct by you or other third party as it relates to the information we supply;
• transmission of information over the internet may be subject to arbitrary delays beyond our control which may delay the provision of our services or the execution of your orders. You acknowledge that neither any information service provider, third party nor shall we be liable to you or any third party for any losses arising from such delay.

If you are using our Site, services or products for the purposes of your business, trade or profession:

• except as expressly provided in these Terms, we exclude all representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill;
• we or any third party shall not be liable to you or any third party for any loss or damage, direct, indirect or consequential, any of each arising from:
• any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of the data or any other information supplied to you through this Site;
• any decision made or action taken by you or any third party in reliance upon the data;
• loss of business resources;
• damage to your computer, software, modem, or other property resulting from your use of our services;
• loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it;
• lost profits; or
• any punitive, indirect, consequential, special or similar damages whatsoever, whether in contract or tort or otherwise.

If you are a consumer user:

• we only provide our Site, services and products for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
• if we have supplied you with defective digital content which damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you reasonable compensation.

15. What do you need to know about third party advertising?

We offer third party advertising opportunities for advertisers and business partners via our Site, services and products. We do not accept any responsibility for the content of these advertisements. This is the responsibility of each individual advertiser, who is accountable for the advertising material, including, without limitation, any errors, omissions or inaccuracies.

16. Your responsibility to help prevent viruses

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or equipment. We do not guarantee that our Site, services or products will be secure or free from bugs or viruses.

You must not misuse our Site, services or products 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 our Site, services or products, the server on which our Site, services or products are stored or any server, computer or database connected to our Site, services or products. You must not attack our site 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 our site will cease immediately.

17. What else should you know?

You may not transfer any of your rights or delegate any of your obligations under these Terms without our prior written consent. If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. Nothing in these Terms shall confer on any third party any benefit or the right to enforce any of these Terms.

18. Can you create links to our Site?

You may create links to our Site, provide you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site in a website that is not owned by you.

We reserve the right to withdraw your permission to link our Site without notice.

Please contact us about creating a link to or make use of the content on our Site, services or products other than as set out above please contact us using the details set out in the “How can you contact us” section below.

19. What is the applicable law?

These Terms are governed by English law and any dispute connected with this agreement is subject to the exclusive jurisdiction of the courts of England and Wales.

Nothing in these Terms affect your statutory rights as a consumer.

20. What else do you need to know?

If you believe that your intellectual property or other rights are being infringed by our Site, services or products, or if you are dissatisfied with our Site, services or products, in the first instance please contact us at the address detailed at the address on our website .

If you are unable to resolve your dispute with us directly, you may wish to use the European ODR platform http://ec.europa.eu/odr.

21. How can you contact us?

If you would like to contact us about any of the Terms, please contact us. Data Protection Officer, Landmark Analytics Limited, 7 Abbey Court, Sowton Industrial Estate, Exeter, Devon, EX2 7HY