Developed by professional surveyors, Survey Shack guides you through each step of the survey process.
App Terms & Conditions
These terms of use (Terms of Use or Terms) shall apply for Users purchasing, accessing and/or using the Survey Shack App. Please read these Terms of Use carefully before you accept these Terms of Use and accessing the Survey Shack App.
NOTICE:
The Survey Shack App may be used to prepare Pre-Survey Reports and to acquire General Property Reports.
Before downloading and using the Survey Shack App, and purchasing any Reports, Users should note the following key provisions, as set out in in these Terms of Use:
- the Pre-Survey Reports are not intended to replace a detailed survey report;
- Users must NOT rely on the Reports provided from the Survey Shack App;
- to the extent permitted by law, Survey Shack is not liable to Users for any damages, claims or any matter arising from a Report or the use of the Survey Shack App;
- the Reports are not be considered as, or substituted for, any financial, investment, legal, expert or professional advice in connection with the relevant property;
- the Reports are for a User’s use only and must not be shared with any other person.
1. Definitions and interpretations
1.1 Definitions
In these Terms of Use, the following words shall have the following meanings:
Account means a User account on the Survey Shack App.
Consumer Laws means any laws applying to you as a consumer, including the Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Fees means the fees specified in the Survey Shack App in respect of the Reports, as updated from time to time;
General Property Reports means the Sprift desktop research report showing general information about a property and its local market, which a User may acquire through the Survey Shack App.
Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, business names, get-up, goodwill, domain names, know-how, inventions, processes, trade secrets or Confidential Information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Rights means, for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future, including in respect of Intellectual Property.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms of Use or otherwise
Pre-Survey Reports means the pre-survey report which a User may generate using the Survey Shack App in respect of a property;
Reports means the Pre-Survey Reports and General Property Reports;
Sprift means Sprift Technologies Ltd, Company No 10324966;
Survey Shack, we, us or our means Survey Shack Limited; Company No: 15118571; Registered Office: C/O Financial Partnership Limited Vision House, 3a Dee Road, Richmond, Surrey, United Kingdom, TW9 2JN;
Survey Shack App means the software application made available by Survey Shack from Apple App Store or Google Play store and known as “Survey Shack”;
Survey Shack IP means all Intellectual Property in the Survey Shack App, content in the Survey Shack App and the Reports that we own (or licence from others).
Third Party means any person other a User or Survey Shack;
User, you or your means any person accessing and using the Survey Shack App; and
1.2 Interpretation
In these Terms of Use:
a. the headings are used for convenience only and shall not affect the interpretation of the Terms of Use;
b. references to persons shall include natural persons, incorporated and unincorporated persons and any government bodies and agencies;
c. references to the singular include the plural and vice versa; and references to the masculine include the feminine;
d. references to clauses mean clauses of these Terms of Use.
2. These Terms, our Services and your use of the Survey Shack App
2.1 These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms of Use.
2.2 You must be at least 16 years old to use the Survey Shack App.
2.3 We may amend these Terms of Use at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Survey Shack App after the notice, you agree to the amended Terms of Use. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms of Use by providing written notice to us. If you close your Account, you will no longer be able to access our Services (including the Survey Shack App) on and from the date of cancellation.
2.4 If you access or download the Survey Shack App from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
2.5 We provide the following services to you:
a) access to our Survey Shack App; and
b) provision of the Reports, subject to your payment of the Fees,
(collectively, our Services).
2.6 You should ensure that any device you use to access the Services is compatible with the Survey Shack App.
2.7 In consideration of your payment of the Fees, and to the other provisions of these Terms of Use, we will provide the Services in accordance with these Terms of Use and all applicable laws, whether ourselves or through our personnel.
2.8 The User acknowledges that the principal function of the Survey Shack App is to generate a Pre-Survey Report, and acknowledges and agrees that the Pre-Survey Report is intended only to provide a high level review of the condition of a property.
2.9 The User agrees that:
a) their use of the Survey Shack App and reliance on the Reports is at their own risk;
b) the Reports are used for guidance purposes only and is not relied upon by the User for any person, including any decisions to purchase, mortgage, carry out works or otherwise in relation to any property;
c) the Reports are not to be considered as, or substituted for, any financial, investment, legal, expert or professional advice in connection with the relevant property, and Survey Shack recommends that Users obtain such advice prior to making any decisions in respect of any property;
d) the Reports are for a User’s personal use only and must not be shared with any Third Party, unless otherwise agreed to in writing by Survey Shack.
2.10 While the User has an Account, and subject to any of our rights of termination or suspension under these Terms of Use, we provide the User a non-exclusive, non-transferable, non-sublicensable licence to use the Survey Shack App, Reports and any other Survey Shack IP solely for its own personal use You must not exploit the Survey Shack App, Reports and other Survey Shack IP for any other purpose, nor allow, aid or facilitate such use by any Third Party.
2.11 The User agrees that they must:
a) not access or use the Survey Shack App in any way that is improper or breaches any laws, infringes any person’s rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
b) interfere with or interrupt the supply of Survey Shack App, or any other person’s access to or use of Survey Shack App;
c) introduce any viruses or other malicious software code into Survey Shack App;
d) use any unauthorised or modified version of Survey Shack App, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to Survey Shack App;
e) attempt to access any data or log into any server or account that you are not expressly authorised to access;
f) use Survey Shack App in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
g) circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
h) access or use Survey Shack App to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted;
i) not develop or in any way revise the Survey Shack IP;
j) comply with all Survey Shack’s reasonable instructions and policy documentation in relation to the use of the Survey Shack IP;
k) ensure that no Third Party opens or otherwise accesses the Survey Shack App and/or Survey Shack IP or any other elements of the services without express authorisation (in writing) from Survey Shack.
2.12 Survey Shack will use reasonable endeavours to meet any specific performance dates (if referred to in the Survey Shack App), but time is not of the essence. Otherwise, While we strive to always make our Services available to you, we do not make any guaran-tees that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
2.13 Our Services may interact with, or be reliant on, products or services provided by Third Parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these Third Parties.
2.14 We may change the Survey Shack App:
a) to reflect changes in relevant laws and regulatory requirements; and
b) to implement minor technical adjustments, improvements, and to keep up-to-date with technological advancements. These changes will not substantially affect your use of the Survey Shack App.
2.15 We will try to avoid making any significant changes to the Services which are likely to materially disadvantage your use of the Services. However, where we intend to make a change to the Survey Shack App which may materially disadvantage your use of the Services, we will notify you in advance of making any changes, and you may then contact us to terminate these Terms and receive a refund for any unused Services (if applicable) before the changes take effect.
3. Accounts
3.1 You must register on the Survey Shack App and create an Account to access and use the Survey Shack App. .
3.2 You may register for an Account using your Apple, Google or Facebook account (Single Sign-On Account), if we make that feature available. If you sign in to your Account using a Single Sign-On Account, you authorise us to access information from your Single Sign-On Account including your name and contact information.
3.3 While you have an Account with us, you agree to keep your information up-to-date (and ensure it remains true, accurate and complete).
3.4 You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
3.5 We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.
4. Your right to change your mind
4.1 This clause 4 applies where you set up an Account for the Survey Shack App in your capacity as a ‘consumer,’ as that term is defined in the Consumer Laws.
4.2 Except as set out below, you have the right to cancel your purchase of the Services, and receive a full refund of the applicable Fees, without giving any reason, any time up to 14 days after the day you accept these Terms (Cooling-off Period). We agree not to provide you with access to the Survey Shack App during the Cooling-off Period, unless you make an express request for us to do so. You acknowledge and agree that after you have accepted these Terms, if you instruct us to provide you with access to the Survey Shack App (i.e. by logging in) during the Cooling-off Period, this will be taken to be an express request by you, and you will lose your right to cancel.
4.3 You do not have a right to change your mind and cancel the Services during the Cooling-off Period if you expressly request to access the Survey Shack App during the Cooling-off Period.
4.4 If you want to cancel or terminate these Terms in accordance with this clause 4, you should contact us using the contact details set out at the start of these Terms, or by using the Model Cancellation Form at Attachment 1 to these Terms.
4.5 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind under this clause 4, then your refund will be made within 14 days of your telling us you have changed your mind.
5. Payments
5.1 A User may order a Report through the Survey Shack App, and must pay to us the relevant Fee upfront.
5.2 The payment methods we offer for the Fees are set out on the Survey Shack App. We may offer payment through a Third Party payment provider (like Stripe), and you agree that your use of the relevant Third Party payment provider is subject to their relevant terms and conditions of use, and we have no control over the action of the Third Party payment provider.
5.3 You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
5.4 Subject to your rights at law and your rights under clauses 4 and 2.15, Fees are non-refundable once paid.
5.5 All sums due under these Terms and in the Survey Shack App:
a) are exclusive of VAT or any other sales tax, unless otherwise expressly stated;
b) /shall be paid in pounds sterling, unless otherwise expressly stated;
shall be made without deduction of any tax charges or duties that may be imposed, except in so far as the User is required to deduct the same to comply with applicable laws
5.5 We may update the pricing of our fees at any time on our Survey Shack App. If the updated Fee is not acceptable to you, you may cancel your use of the Survey Shack App in accordance with these Terms. For the avoidance of doubt, if you purchase a Report for a specific property then we will not vary the fees that relate to that specific Report.
6. Data Protection
6.1 All personal data you provide to us will be treated in accordance with our privacy policy. You can find our privacy policy at www.www.survey-shack.com.
7. Intellectual property
7.1 You acknowledge and agree that all Intellectual Property Rights in the Survey Shack IP will at all times vest, or remain vested, in us (or the relevant third party licensor).
7.2 The User shall inform Survey Shack promptly if it becomes aware of any infringement or potential infringement of any of the Survey Shack IP.
8. Your Data
8.1 You own all data, information, personal data, or content you upload into the Survey Shack App (Your Data).
8.2 You grant us a limited licence to copy, transmit, store, backup and/or otherwise access or use Your Data to:
a) communicate with you;
b) supply the Survey Shack App to you and otherwise perform our obligations under these Terms;
c) diagnose problems with the Survey Shack App;
d) enhance and otherwise modify the Survey Shack App;
e) perform Analytics;
f) develop other services, provided we de-identify Your Data; and
g) as reasonably required to perform our obligations under these Terms.
8.3 You agree that you are solely responsible for all of Your Data that you make available on or through the Survey Shack App. You represent and warrant that: some text
8.3.1 you are either the sole and exclusive owner of Your Data or you have all rights, licences, consents and releases that are necessary to grant to us the rights in Your Data (as contemplated by these Terms); and
8.3.2 neither Your Data nor the posting, uploading, publication, submission or transmission of Your Data or our use of Your Data on, through or by means of the Survey Shack App will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
8.4 You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Survey Shack App, in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own business purposes, provided that the Analytics do not contain any identifying information.
8.5 We do not endorse or approve, and are not responsible for, any of Your Data.
8.6 You are responsible for (meaning we are not liable for) the integrity of Your Data on your systems, networks or any device controlled by you.
8.7 You acknowledge and agree that the Survey Shack App and the integrity and accuracy of the Reports is reliant on the accuracy and completeness of Your Data, and the provision by you of Your Data that is inaccurate or incomplete may affect the use, output and operation of the Survey Shack App and the Reports.
8.8 This clause will survive the termination or expiry of these Terms.
9. Warranties
9.1 The User acknowledges, warrants and agrees that, in agreeing to these Terms of Use, they do not do so in reliance on any representation, warranty or other provision except as expressly provided in the Terms of Use, and any conditions, warranties or other terms implied by statute or common law are excluded from the provision of the Services and Survey Shack App to the extent permitted by law.
9.2 You represent, warrant and agree that:
a) you will not use the Survey Shack App or Survey Shack IP in any way that competes with our business;
b) there are no legal restrictions preventing you from entering into these Terms;
9.3 Without limiting the scope of clause 9.1, to the extent permitted by law Survey Shack does not give any warranty, representation or undertaking:
a) as to the efficacy or usefulness of the Survey Shack App and/or the Survey Shack IP;
b) that the Survey Shack App and/or Survey Shack IP will be error free, bug free or virus free or that its provision shall be uninterrupted;
c) as to the completeness, accuracy, reliability, of the information or related graphics contained in any Report.
10. Liability
10.1 The restrictions on Liability in this clause 10 apply to every Liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.
10.2 Nothing in these Terms limits any Liability which cannot legally be limited, including Liability for:
a) death or personal injury caused by negligence;
b) fraud or fraudulent misrepresentation; and
c) defective products under the Consumer Protection Act 1987.
10.3 This clause 10.3 applies to the extent that the Survey Shack App is considered digital content. If the Survey Shack App is defective and it 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 compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
10.4 To the maximum extent permitted by law, we shall have no Liability for any Third Party products or services, or any unavailability of the Survey Shack App due to a failure of the Third Party products or services.
10.5 Subject to clause 10.2 (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:
a) we only supply the Survey Shack App to consumers for domestic and private use. If you use the Survey Shack App for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity;
b) where you are using the Survey Shack App as a consumer, and either Party fails to comply with these Terms, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms;
c) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss.
10.6 We have given commitments as to the compliance of the Survey Shack App with these Terms and applicable Laws in clause 2.7. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.
11. Termination
11.1 Subject to clause 5.4, you may request to cancel the Services and use of the Survey Shack App at any time by notifying [via email, via ‘cancel my Account’ feature in your Account], and any such cancellation will be effective from your date of notice and these Terms shall terminate.
11.2 Either Party can terminate these Terms in writing to the other Party:
11.3 for any material breach by the other Party not remedied within 7 days of a written request from the first Party;
11.4 if the other Party fails to pay its debts as they fall due, if a notice is filed to wind up the other party, if an order is made for the appointment of an administrator or receiver to the other Party, the other party becomes bankrupt, or any other similar insolvency event occurs to the other Party in any jurisdiction.
11.5 Should we suspect that you are in breach of these Terms, we may suspend your access to the Survey Shack App while we investigate the suspected breach.
11.6 In the event that it is unable to continue to provide the Survey Shack App and/or Survey Shack IP for any reason Survey Shack may provide 10 days written notice of termination.
11.7 Any termination will be without prejudice to any accrued rights or remedies.
11.8 Any provision intended by its nature to survive termination or expiry of these Terms shall continue in full force and effect.
12. Notice Regarding Apple
12.1 To the extent that you are using or accessing the Survey Shack App on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms is between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Survey Shack App and any content available on the Survey Shack App.
12.2 Apple has no obligation to furnish you with any maintenance and support services with respect to the Survey Shack App.
12.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
12.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
12.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
12.6 You agree to comply with any applicable third-party terms when using our mobile application.
12.7 Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
12.8 You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
13. General
13.1 Force majeure: We shall not have any Liability or be deemed to be in breach of these Terms of Use which result from circumstances beyond our reasonable control,.
13.2 Waiver: No failure or delay on the part of a Party to exercise any right or remedy under these Terms of Use shall be construed as or operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.
13.3 Invalid clause: If any provision or part of these Terms of Use is held to be invalid, amendments to these Terms of Use may be made by the addition or deletion of wording as appropriate to remove the invalid part or provision but shall otherwise retain the provision and the other provisions of the Terms of Use to the maximum extent permissible under applicable law.
13.4 No agency: No Party shall act or describe itself as the agent of the other, nor shall it make or represent that it has authority to make any commitments on the other’s behalf.
13.5 Entire agreement: These Terms of Use (and any disclaimers contained in any Reports), sets out the entire agreement between the Parties for the use of the Survey Shack App, the Survey Shack IP, any Report or the services provided and supersedes all prior oral or written agreements, arrangements or understandings between them relating to such subject matter. The Parties acknowledge that they are not relying on any representation, agreement, term or condition that is not set out in these Terms of Use. However, nothing in these Terms of Use purport to exclude liability for any fraudulent statement or act.
13.6 Third Parties: Unless otherwise expressly stated, these Terms of Use do not create any right enforceable by any person not a party to it.
13.7 Law and Jurisdiction: These Terms shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit. The Survey Shack App may be accessed in the UK and overseas. We make no representation that the Survey Shack App complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the Survey Shack App from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the Survey Shack App. The United Nations Convention of Contracts for the International Sale of Goods is expressly excluded from these Terms
13.8 Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. If the Dispute is not resolved at that initial meeting:
a) where you are resident or incorporated in England and Wales, refer the matter to mediation, administered by The Centre for Effective Dispute Resolution; or
b) where you are not resident or incorporated in England and Wales, refer the matter to arbitration administered by the London Court of International Arbitration (LCIA), with such arbitration to be conducted in London, before one arbitrator, in English and in accordance with the LCIA Arbitration Rules.
13.9 Third party sites: The Survey Shack App may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Survey Shack App, such third party provides the goods and services to you, not us.
13.10 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
ATTACHMENT 1 – MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE
TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
© Crown copyright 2013.
