HousingExpert Terms and Conditions
The intellectual rights to this document belongs to Ocean Media Group Ltd (“Ocean Media Group”). Ocean Media Group Ltd is a company registered in England and Wales under registered number 01680420, and whose registered office is at 3rd Floor, 4 Harbour Exchange Square, London E14 9GE. Reproduction in any form is prohibited without the express consent of Ocean Media Group. Plagiarism is not permitted.
1. Definitions and Scope
Capitalised terms in these Terms and Conditions shall have the following meanings ascribed to them:
1.1 The “Web Portal” refers to the HousingExpert website, which can be accessed at www.housingexpert.com, that serves as a main entry point for Customers to get access to information on housing association data; hereafter referred to as the ”Web Portal”.
1.2 The term “Customer” refers to the legal entity who has purchased access to the Web Portal via the Order Form for a specific period set out in the Order Form.
1.3 The “User” refers to an employee of the Customer who has been authorised by the Customer to use the Web Portal; hereafter referred to as the “User”.
1.4 The “Order Form” refers to the form by which a Customer signs up for access to the Web Portal. The Order Form shall set out the duration of access to the Web Portal and the number of Users who are permitted to access the Web Portal, as agreed between the Customer and Ocean Media Group.
1.5 “Acceptance” means the Customer’s acceptance of these Terms and Conditions by the tick box on the Order Form.
1.6 "Malicious Software" means any software, virus, Trojan horse, time bomb or other code (which can take the form of but not be limited to Java applets, ActiveX controls, scripting languages, browser plug- ins or pushed content) that is harmful, disabling or which enables unauthorised access to or theft of or damage to the Web Portal, Ocean Media Group data or other information or otherwise impairs the operation of Ocean Media Group.
1.7 “Data Protection Laws” means any applicable law relating to the processing, privacy, and use of personal data, as applicable to the Customer, and Ocean Media Group.
1.8 The aim of the Web Portal is to give the Customer access to Ocean Media Group HousingExpert data information services online. Ocean Media Group may modify the Web Portal from time to time as it deems it necessary.
1.9 The Order Form and these Terms and Conditions together form the agreement (the “Agreement”). If there is any conflict between these Terms and Conditions and the Order Form, these Terms and Conditions shall prevail to the extent of that conflict.
By accepting these Terms and Conditions the Customer agrees to be bound by them without limitation or qualification.
3. Contract Term
3.1 The Order Form shall set out the duration of access to the Web Portal, but in any event, access shall be for no less than 12 months. This includes any agreements which begin with introductory rates. Payment by monthly or quarterly instalments does not infer monthly or quarterly access to the Web Portal.
3.2 Cancellation If a Customer decides to cancel, within the 12 months they will be liable for 100% of the remaining balance.
The Customer shall pay the fee as set out in the Order Form (the “ Fee”) in accordance with the payment terms specified in the Order Form.
5. License Grant And Right Of Access
5.1 Subject to these Terms and Conditions and the payment of the Fee, Ocean Media Group grants to the Customer a non-exclusive, non-transferable right to enable the Customer’s Users to access the Web Portal in accordance with the Order Form.
5.2 The Customer and its Users are entitled to use the Web Portal solely for the purposes as described under clause 1.8 of these Terms and Conditions.
5.3 The Customer’s right to use the Web Portal will automatically cease in the event of a breach by the Customer of any of its obligations under the Agreement; or termination or expiry of the Agreement.
5.4 The Customer may not assign, sub-license or otherwise transfer any rights or obligations in these Terms and Conditions to any other person.
6. No Warranty
6.1 Ocean Media Group will endeavour to publish accurate information on the Web Portal and ensure that the services are free from any errors and omissions. The information published on the Web Portal is provided "as is" and without warranties of any kind, either expressed or implied.
6.2 To the best of our knowledge and belief at the time of transfer, all information is accurate, but the information contained on the Web Portal does not aim to predict future developments. The information provided is for the agreed purposes only and is not intended as a legal recommendation or legal advice as to particular transactions, investments or strategies in any way. In no event will Ocean Media Group be liable for any direct or indirect, special or consequential damages to the Customer, User, or anyone else for any decision made or taken in reliance on the information provided by the Web Portal.
7. Obligations Of The Customer
7.1 The Customer is fully responsible for all activities that occur in the Web Portal under the password(s) provided to it for its Users by Ocean Media Group. The Customer will ensure that such password(s) are kept confidential, treated in a secured manner and will immediately notify Ocean Media Group of any breach of security with respect to such password(s) or to the use of the Web Portal. The Customer is responsible for ensuring that all Users who access the Web Portal by internet connection and/or using the password(s) are aware of these Terms and Conditions and that they comply with them.
7.2 The Customer shall ensure that its Users agree to use the Web Portal in accordance with all applicable laws and agrees not to, allow its Users to, or allow any others to, introduce any Malicious Software on the Web Portal.
8. Obligations Of Ocean Media Group
8.1 Ocean Media Group shall provide the Customer with a user identification name and a password to use the Web Portal for each of its Users in accordance with the Order Form.
8.2 Ocean Media Group shall use its reasonable endeavours to make the Web Portal available for the Customer. Ocean Media Group gives however no guarantee of such availability. In the event that the Web Portal would be unavailable Ocean Media Group will make all reasonable efforts to recover the Web Portal as soon as possible.
8.3 Notwithstanding the provisions of clause 8.2 above, Ocean Media Group reserves the right to suspend the Web Portal at any time at its sole discretion and without any liability to the Customer. Suspensions will be justified by objective reasons such as maintenance.
9. Intellectual Property Rights
9.1 The Customer acknowledges having no right whatsoever with respect to any and all intellectual property rights used or embodied in or in connection with the Web Portal. Ocean Media Group reserves all rights related to the Web Portal.
9.2 Nothing in these Terms and Conditions grants the Customer a right or license to use any trade mark, design right or copyright owned by Ocean Media Group or any other third party except as expressly provided in these terms.
10.1 Ocean Media Group shall in no event be liable to the Customer for:
(a) loss of profits, sales, business or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
10.2 The Customer acknowledges that the Web Portal is provided via the internet and that Ocean Media Group has no control over and/or the security of the internet. Ocean Media Group endeavours to ensure that the services are free from bugs and secure, but Ocean Media Group does not assume any liability for timely, trouble-free and uninterrupted access to the internet.
10.3 While Ocean Media Group has used its discretion, best judgment and all reasonable efforts in maintaining a virus-free website, it declines any liability for persons, property damage or especially direct, indirect, immediate or subsequent pecuniary loss which may result from transmission or downloading of computer viruses. Ocean Media Group cannot be held liable for hardware damage, loss of data, alteration of data, or downtime.
10.4 Subject to clause 10.5, Ocean Media Group’s total liability to the Customer shall not exceed the annual fee paid by the customer.
10.5 Notwithstanding the foregoing, Ocean Media Group does not exclude or limit any liability where it would be unlawful to do so. This includes liability for death and personal injury caused by Ocean Media Group’s negligence or the negligence of its employees, agents or subcontractors and for fraud and fraudulent misrepresentation.
11.1 Ocean Media Group use the personal and transactional information (e.g. Name, address, e-mail address, payment information) the Customer supplies in order to fulfil access to the Web Portal by its Users.
11.2 Ocean Media Group process all personal and transactional information in line with Data Protection Laws. For the purposes of Data Protection Laws, the data controller is Ocean Media Group Ltd.
12.1 The Customer undertakes to treat all processes used on the Web Portal (including all related documentation) as confidential information. The Customer shall oblige its Users to comply with the same confidentiality obligation and observe applicable data protection obligations. The Customer shall ensure that such obligations shall continue to apply after termination or expiry of their contractual relationship. This clause 12.1 shall survive termination or expiry of the Agreement.
12.2 The Customer shall not sell, rent or alter any information/data retrieved from the Web Portal. Subject to the foregoing and clause 12.1, the Customer is permitted to transfer, distribute, disclose and copy information from the Web Portal to third parties.
13. Right to Refuse Orders
Ocean Media Group reserve the right not to terminate the Agreement if we are unable to obtain payment authorisation from the issuer of the Customer’s payment card or cheque, or in the event of obvious inaccuracies in prices.
Ocean Media Group reserves the right to suspend provision of access to the Web Portal if payment has not been received 30 days from the due date for payment. Ocean Media Group will endeavour to make every effort to contact the Customer prior to suspension of the Web Portal.
If any clause, article, section or provision of these Terms and Conditions is found to be invalid, the remainder of them shall continue in full force and effect. Any conditions which are null or void are in this case to be understood such that their intended purpose is still fulfilled as far as possible.
15.2 Third Party Rights
Unless it expressly states otherwise, this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
The rights of the Ocean Media Group and the Customer to rescind or vary this Agreement are not subject to the consent of any other person.
15.3 No Waiver
No failure or delay by Ocean Media Group or the Customer to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
15.4 Law and Jurisdiction
These Terms and Conditions are governed by, and shall be interpreted in accordance with, the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
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Tel: 07766 234073