Before you register you may view the website (the "Site")
anonymously. The Site is not intended for consumer use or for use and is
for exclusive use by professionals such as Law Firms, Solicitors/Estate
Agents and Conveyancers engaged in activities related to property
conveyancing. Users of this Site are required to register with OpenHouse
before utilising any of the services on this web site. Unless OpenHouse
indicates otherwise in writing, OpenHouse is willing to provide the
services offered by the Site only on the terms and conditions set out
below (the "Terms") and only to those users that have
duly completed and signed a OpenHouse Registration Form. By completing
the Registration Form or signing the confirmation of such Registration
Form faxed to you, you are indicating your acceptance of these Terms.
Please contact OpenHouse using our web site http://www.openhouse.co.uk or by
or by phone, 0844 561 6021 if you have any questions or concerns about
these Terms or if you are unsure as to whether you are qualified to use
These Terms and the documents identified herein shall apply to any service that OpenHouse agrees to perform for you from time to time (the "Services").
OpenHouse will be available 24 hours a day, 365 days of the year but OpenHouse makes no representation that access to the Site will be uninterrupted. OpenHouse will use reasonable endeavours to ensure that the Site is available between the core hours of 8:00 a.m. and 6:00 p.m. Monday to Friday (excluding Statutory Holidays in Scotland) and will use reasonable precautions to avoid interruptions to the availability of the Site during those core hours and to restore the Site as soon as reasonably possible whenever interruptions occur.
OpenHouse will assign an initial OpenHouse password to you. We recommend that you protect the privacy of your account information by not revealing your OpenHouse Password to anyone. You will be liable for all charges incurred through the use of your OpenHouse Password.
OpenHouse does not exclude or restrict its liability for personal injury or death caused by negligence or any other liability the exclusion or restriction of which is expressly prohibited by law.
OpenHouse may withdraw or amend any agreement with you in the case of obvious typographical or arithmetical inaccuracies appearing on the Site.
You agree to indemnify and hold OpenHouse harmless for any costs (including settlement and legal fees), damages , expenses, losses, and liability that they incur as a result of any claim, suit, action or other proceeding brought against them, that is based on or arises from your breach of these Terms.
With respect to a Service provided to the Customer, OpenHouse will maintain professional indemnity insurance to indemnify and save harmless the Customer and Client from and against any and all actions, causes of action, suits, claims, demands, liabilities, damages, costs and fees (including reasonable professional and legal fees on a solicitor and Customer's own client basis) (collectively a "Claim") provided that such Claim is based on actual demonstrable loss and arises solely and directly out of inaccurate or erroneous information contained in a Service caused by the negligence of OpenHouse. or one of its employees.
"Customer" means that professional person, solicitor, firm, company or other legal body who places an order with OpenHouse. under the Terms herein, in which a Service is provided, either on their own behalf as Client, or, as an agent for a Client.
"Client" means that person(s), company or body who is the intended recipient of the Service with an actual or potential interest in the subject property.
OpenHouse reserves the right to modify these Terms in its sole discretion at any time by posting a revised version of these Terms on the Site or otherwise making the revisions available for your review together with reasonable notification to you.
These Terms shall be governed by and interpreted in accordance with the laws of Scotland and the courts of Scotland shall have exclusive jurisdiction to hear any matter that arises under these Terms.
These Terms and the OpenHouse Registration Form set out the entire agreement between you and OpenHouse with respect to the subject-matter hereof.
Notice shall be effective upon its delivery by courier or electronic courier to the address or e-mail address of the recipient as last provided to the other party.
If you cease to be a member in good standing of your Professional body, OpenHouse may terminate its agreement with you hereunder immediately without any notice of its decision to do so.
If either party is in material breach of these Terms, the other party may terminate its agreement with the other party hereunder upon delivering written notice to the other party indicating its intention to treat such agreement as terminated provided that the notice provides a description of the nature of the breach.
Either party may terminate its agreement with the other party hereunder for convenience by delivering written notice of its decision to do so no less than 30 days prior to the effective date of termination.
In the event of any technical difficulties with respect to the Site or the Services OpenHouse. reserves the right to suspend the Site without notice.
Openhouse also reserves the right to suspend, modify or discontinue any of the Services provided by the Site.
Unless OpenHouse indicates in writing otherwise, any termination of the agreement between you and OpenHouse established hereunder shall also terminate OpenHouse password access established hereunder and any right granted by OpenHouse to any person to use such password.
Upon termination OpenHouse will continue to provide to you any Services provided by Data Providers paid for before the date of such termination.
Where you facilitate Customers paying for Home Reports through third party finance or credit you will ensure that throughout the Term:
The material on the Site and accessed by the Services is copyright protected and may not be copied, reproduced, transmitted or distributed without the express prior written consent of OpenHouse.
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of OpenHouse. or other third parties. You are not permitted to use these Marks without the prior written consent of OpenHouse. or the third party that may own such Mark.
No waiver by OpenHouse shall be construed as a waiver of any preceding breach or provision of these Terms.
The limitation on liability and indemnity provisions of these Terms shall survive termination of the agreement between you and OpenHouse.
If a court of competent jurisdiction concludes that any provision of these Terms is illegal, invalid or unenforceable, then such provision shall be severed from these Terms and the remaining provisions shall remain in full force and effect.
A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.