Casera - Search Technology

Casera Search Technology – Terms & Conditions

Definitions

In these Terms, the following words shall have the following meanings:

Adverse Entry

A matter having a detrimental effect on the market value of the Property and which would or should have been disclosed in an Official Search had one been carried out in relation to the Property on the date of the Regulated Search but was not disclosed in the Regulated Search. This includes cases where the Appropriate Body’s registers and information and/or the answers provided by the Appropriate Body for the purposes of compiling the Regulated Search were incorrect as of the date of the Regulated Search due to the Appropriate Body's error or omission.

Appropriate Body

Either the local authority or other public body responsible for maintaining the registers and information that are used to compile an Official Search.

Business

Any individual, company, or partnership acting for the purposes of their trade, business, or profession.

Charges

The charges for the Services as displayed at the time of placing an Order.

Customer

A seller, buyer, potential buyer of the Property, lender, or any other person with an interest in the Property.

Code

The Search Code of Practice for Search Compilers and Retailers.

Consumer

Any person who places an Order who is not operating as a Business.

Contract

The agreement formed between You and Us when We accept Your completed Order, either by written confirmation or by providing the Services.

Data Protection Laws

Any applicable legislation relating to privacy, data protection, and electronic communications within England and Wales.

Insurance Product(s)

Any insurance product which We are able to supply to You.

Insured

A buyer and/or lender as the intended recipient of a Regulated Search.

Intellectual Property Rights

Any copyright, patent, design right (registered or unregistered), service or trade mark (registered or unregistered), database right, or other data right, moral right, or know-how, or any other intellectual property rights.

Material

Brochures, price lists, and advertisements in any type of media made available to You from time to time in respect of the Services.

Official Search(es)

A report which is compiled and supplied by an Appropriate Body.

Optional Services

A transactional service available on the Ordering Platform whether provided by Us or as an integration with the website/platform of the Supplier.

Order

A request for Services made by You or on Your behalf in respect of a single Property or transaction.

Ordering Platform

Our ordering platform at casera.co.uk.

Privacy Notice

For a Business, the privacy notice (which includes a data processing notice) at https://casera.co.uk/privacy or for a Consumer means the consumer privacy notice as stated within these Terms.

Property

An address or location relevant to the Services.

Regulated Search(es)

A report providing responses to the questions and information requested in official search forms, such as Local Authority Searches, Water and Drainage Reports, and Environmental Searches.

Report

Any report/search relating to a Property or transaction Ordered by You.

Search Pack

A pre-determined combination of Regulated Searches or Official Searches and Supplier Products.

Services

The supply of any of the services and Reports available on the Ordering Platform to You in accordance with your Order.

Supplier

Any organization or third party who provides Supplier Products.

Supplier Product

Any Report, Optional Service, data, or information or Service provided by a Supplier.

SRIP

Search Report Insurance Policy.

Supplier Terms

The terms and conditions of Suppliers incorporated into these Terms and which apply to the Supplier Products.

VAT

Value Added Tax under the Value Added Tax Act 1994 and any similar replacement or additional tax.

We, Us, Our

Casera Search Technology Limited.

You and Your

The Customer placing the Order or any Business acting on their behalf.

1. Contract

1.1 The contract between Us and You shall come into existence when We accept Your completed Order. Acceptance will be by either sending written confirmation or by providing the Services (“Contract”).

1.2 We may refuse to accept an Order for reasons including, but not limited to:

(a) the Services are not available,

(b) We cannot obtain authorisation for payment or there are credit issues with Your account,

(d) We determine that supplying the Services to You would be in breach of any regulatory provisions relating to the Services ordered.

1.3 Please read and check the Order before submitting it, as the risk of input or submission errors rests with You. This will not remove or limit Your obligations to pay the Charges. You accept responsibility for ensuring that the information provided is sufficient and correct for Us to deliver the Services.

1.4 The Terms in force at the time of the Contract, in conjunction with any relevant Supplier Terms, the Order, the Privacy Notice, and the Materials (together, the “Provisions”), shall govern the Contract to the exclusion of any other terms and conditions. You agree to be bound by the Provisions when You place an Order. You should print a copy of the Provisions for future reference.

1.5 If You are a Business, You acknowledge that You have not relied upon any representations, except where such representations have been expressly incorporated into the Provisions. You agree that You shall have no remedy in respect of any misrepresentation (other than fraudulent misrepresentation) that has not become a term of the Provisions.

1.6 If You are a Consumer and statements or representations have been made by Our authorised agents that contradict the Provisions, please ensure You ask for such variations to be confirmed in writing.

2. Services

2.1 We will provide the Services with reasonable care and skill and in accordance with the Code (where applicable).

2.2 We reserve the right to modify the Services described in our Materials in order to comply with any applicable statutory requirements, or to make non-material changes which We reasonably deem necessary at Our sole discretion.

2.3 You may not transfer or assign Reports to any third party (transferee) without Our prior written consent. In cases where We grant such consent, We will make reasonable efforts to transfer the benefit of the Supplier Terms and SRIP to the transferee. However, the transferee will not become a party to the Contract, and We shall not be liable to the transferee for any other liabilities arising in relation to the Services.

2.4 You and Your Customer may make and retain electronic or hard copies of Supplier Products or Regulated Searches solely for internal review or audit purposes.

2.5 By placing an Order (subject to clauses 1.1 and 1.2), You agree that We may begin to perform the Services as soon as possible. Please refer to clause 5 for the limited provisions regarding the cancellation of the Contract.

2.6 We will make reasonable efforts to provide the Services within a reasonable timeframe, but We are not liable for any delay in the provision of the Services.

2.7 Where You place an Order for an Optional Service provided by Us, it is Your responsibility to verify the accuracy of any materials or advice provided by Us in relation to such Optional Service. We do not warrant the accuracy of such materials or advice and will not accept liability in this regard.

3. Price and Payment

3.1 The Charges are stated in pounds sterling and include VAT. We may, at Our discretion, list the Charges exclusive of VAT in an Invoice, but VAT will be clearly shown and included in the total amount due.

3.2 Insurance Products: Where applicable, insurance premium tax (IPT) will be included at the current rate. We may, at Our discretion, list the Charge for Insurance Products exclusive of IPT in an Invoice, but IPT will be clearly shown and included in the total amount due.

3.3 Payment is due in full from You within 30 days of the invoice date, unless otherwise stated on the invoice.

3.4 Services will be billed at the Charges applicable at the time Your Order is submitted.

3.5 If You fail to settle an invoice by the due date, We may charge You interest on the overdue amount at the prevailing statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998 until the balance (including interest) is paid in full. For Consumers, interest may be charged at 4% above the Bank of England’s base rate until the outstanding amount (including interest) is settled.

3.6 Any agreed discount, rebate, or commission must be confirmed in writing (signed by both parties) but will not apply if there are any outstanding Charges. You are responsible for informing Your Customer of this arrangement as required by the regulations set out by the Solicitors Regulation Authority, the Council for Licensed Conveyancers, or the Chartered Institute of Legal Executives.

3.7 You are responsible for ensuring compliance with all applicable requirements as set out by the Solicitors Regulation Authority, the Council for Licensed Conveyancers, or the Chartered Institute of Legal Executives, including but not limited to the Insurance Distribution Directive concerning any Insurance Products purchased from Us. If You manage a panel, You should follow the guidance provided by the National Trading Standards Estate Agency Team on transparency regarding referral fees, and ensure compliance with any future regulations related to the Consumer Protection from Unfair Trading Regulations 2008.

4. Cancellation of Services / Refunds

4.1 If You are a Consumer, You have a legal right under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 to cancel the entire Contract. Your right to cancel begins on the date the Contract is formed (see clause 1.1) and ends 14 working days thereafter. If You cancel within this period, and the exceptions outlined in clause 4.2 do not apply, You will receive a full refund of any Charges paid. The refund will be processed promptly and, in any event, within 30 days of the day We receive Your cancellation notice. No further payment will be required from You regarding the Contract.

4.2 This right to cancel does not apply in the following circumstances:

4.2.1 Where goods or services are custom-ordered to Your specifications, or are of a nature that makes them non-returnable (for example, products related to a specific Property); or

4.2.2 If We have commenced providing the Services with Your prior consent (as per clause 2.5).

4.3 To cancel the Contract, You must notify Us by email at hello@casera.co.uk without delay. However, please be aware that clause 4.2 may apply.

Where You are a Consumer or Business:

4.4 Insurance Products: Insurance Products may be cancelled within 14 days of the Contract start date. Please refer to the policy for further details.

4.5 If the Contract is cancelled (except in cases under clause 4.1), You will still be responsible for any costs, expenses, or disbursements incurred by Us up to the point We receive Your written cancellation notice. These costs, expenses, and disbursements will be invoiced and payable in accordance with clause 3.

Where You are a Business:

4.6 Any refund, discount, or commission provided by Us is at Our sole discretion.

4.7 Any request to cancel the Contract in whole or in part may be refused at Our discretion. If You request and We accept the cancellation of part of a Search Pack, You will not be entitled to a refund for the cancelled component. You will remain liable for the full Charge for the entire Search Pack, as these Charges are based on the overall volume and any applicable discounts for the bundle of services.

5. Warranties and Liability Limits

5.1 Except as expressly stated in this clause 5, We exclude all other representations, warranties, or conditions, whether express or implied, to the fullest extent permitted by law.

5.2 We warrant that We will provide the Services with reasonable care, skill, and in compliance with the Code.

5.3 We do not guarantee that access to the Ordering Platform will be uninterrupted, error-free, or free from viruses or other harmful elements. We are not liable to You or any Customer for any loss, damage, or other liability arising from the use of the Ordering Platform, any associated website, or for any inaccuracies or typographical errors in the information on the Ordering Platform.

5.4 Nothing in these Terms limits or excludes Our liability for matters where it is unlawful to do so.

5.5 Subject to clause 5.4, We shall not be liable to You or any Customer:

5.5.1 For any liability arising from errors in the information You provide to Us;

5.5.2 For loss of profit (whether direct or indirect), or for any indirect or consequential losses;

5.5.3 For any liability arising from the supply of Supplier Products included in the Services, except where it results from Our negligence;

5.5.4 For any liability arising from the supply of an Official Search, except where it results from Our negligence.

5.6 Regarding clause 5.5.3, We will provide reasonable assistance in respect of any claim related to data or information provided by a Supplier, but the Supplier Terms shall take precedence. Regarding clause 5.5.4, an Official Search is covered by an unlimited indemnity (where the Appropriate Body is a water undertaker) or statutory compensation (where the Appropriate Body is a local authority), and We will use reasonable efforts to assist with claims of this nature.

5.7 Subject to clauses 5.4 and 5.5, if We make an error in a Report, and this is notified to Us before contracts are exchanged for the relevant Property, or if We determine that You were aware of the error before such exchange, Our sole liability and remedy will be to provide a replacement Report free of charge. We will not be liable for any further damages, even if the provision of the replacement Report causes a delay, abortive transaction, or if contracts are exchanged before the replacement Report is provided.

5.8 Subject to the above and the special limits outlined in clause 5.9.1, Our total liability to You or the Customer, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed £10 million per claim or series of related claims.

5.9 Regulated Searches - Adverse Entries: For each Regulated Local Authority Search and Commercial Regulated Water and Drainage Search, the Insured will benefit from a SRIP attached to each report. The SRIP provides cover in the event of an Adverse Entry, up to the following levels: (a) £2 million for a Regulated Local Authority Search, and (b) £1 million for a Regulated Commercial Water and Drainage Search.

5.9.1 For a Residential Regulated Water and Drainage Search, Our liability to the Customer for an Adverse Entry shall not exceed £1 million under any circumstances.

5.10 You agree to indemnify Us against any liability arising from any claims, allegations, or proceedings brought by You, a Customer, or any third party, which assert that these Terms (and Supplier Terms or SRIP, as applicable) do not apply to the Services or arising from any claims, allegations, or proceedings brought against Us by a transferee contrary to clause 2.3.

5.11 We accept no liability to any third party except as explicitly set out in these Terms.

6. Intellectual Property Rights

6.1 You acknowledge that all Intellectual Property Rights related to the Services are owned by Us or our Suppliers, and nothing in these Terms shall transfer, assign, or grant any rights to You regarding those Intellectual Property Rights.

6.2 You agree that You will ensure that Your Customer, on whose behalf You have ordered the Services, will not, unless otherwise agreed with Us in writing, alter, amend, remove, or modify any trademark or proprietary mark on any search provided. You agree to indemnify Us and hold Us harmless against all costs, claims, demands, actions, proceedings, liabilities, expenses, damages, losses (including consequential losses, loss of profit), and any interest, penalties, legal fees, or other professional costs that arise from a breach of this clause 6.

7. Data Protection

7.1 You are responsible for obtaining all necessary information from Your Customer to place an Order, and for processing and collecting any personal data in compliance with Data Protection Laws. We acknowledge that You act as the data controller in this regard.

7.2 Any personal data You provide to Us will be processed by Us as a data processor. Please refer to the data processing notice included in Our Privacy Notice for more information.

7.3 We will process data related to You and Your employees in accordance with Our Privacy Notice.

7.4 IF YOU ARE A CONSUMER: By placing an Order, You will provide Us with certain information, some of which may be personal data, such as the Property address, contact information, and financial details. We process this information to fulfill our contractual obligations, including processing payments. In the event of a claim against Us, or assistance with a claim against a Supplier or under the SRIP, we may request additional information from You and share it with the relevant insurance provider. We may also disclose Your data to other companies within Our group for administrative purposes or to comply with legal obligations. Once the Order is completed, we will retain transaction details for 7 years for reporting purposes. Additionally, we keep copies of Regulated Searches for 20 years, as claims may be identified when the Property is re-sold, and this period typically aligns with the average homeownership duration. You have certain rights under Data Protection Laws, some of which are complex, and we recommend consulting the Information Commissioner’s Office (www.ico.org.uk) for a full explanation. You may exercise any of these rights by sending Us a written request.

Where We contact You at the request of Your acting solicitor to arrange payment for Services ordered on Your behalf, we will provide additional privacy information. These Terms will still apply to the provision of those Services.

8. General

8.1 Any complaints regarding the Services should be made in accordance with Our complaints policy, which is outlined at the end of these Terms.

8.2 You may not assign the Contract, or any part of it, without obtaining Our prior written consent.

8.3 We reserve the right to assign the Contract, or any part of it, to any third party, provided such assignment does not significantly affect Your rights under the Contract.

8.4 The parties to these Terms do not intend for any provision to be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999, except for permitted assignees.

8.5 Any delay or failure by Us to enforce any provision of these Terms shall not be interpreted as a waiver of Our rights under the Contract.

8.6 A waiver by Us of any breach or default by You under any provision of these Terms will not be considered a waiver of any subsequent breach or default, and it will not impact any other provisions of these Terms.

8.7 If any part of a provision is found to be invalid or unenforceable by a court or other competent authority, that part will be deemed severable, and the remaining provisions will continue to be effective.

8.8 Unless specified otherwise in these Terms, any notices between You and Us must be provided in writing and sent to Our registered office or to the address specified in Your Order.

8.9 We reserve the right, without notice or liability to You, to delay the performance of the Services (for a period equal to the time during which Services could not be performed) or to cancel or reduce the Services if we are prevented from or delayed in conducting Our business due to factors outside Our reasonable control. If such circumstances persist for more than 60 days, You may terminate the Order by providing written notice to Us.

8.10 These Terms and any Contract shall be governed by and interpreted according to English law, and any disputes shall fall under the non-exclusive jurisdiction of the courts of England and Wales. However, if You are a resident of Northern Ireland, You may also initiate proceedings in Northern Ireland, and if You reside in Scotland, You may also bring proceedings in Scotland.

Important Consumer Protection Information

The Property Codes Compliance Board ("PCCB") independently monitors how registered search firms maintain compliance with the Code.

Provides protection for homebuyers, sellers, estate agents, conveyancers and mortgage lenders who rely on the information included in property search reports undertaken by subscribers on residential and commercial property within the United Kingdom

Sets out minimum standards which firms compiling and selling search reports have to meet

Promotes the best practice and quality standards within the industry for the benefit of consumers and property professionals

Enables consumers and property professionals to have confidence in firms which subscribe to the code, their products and services.

By giving You this information, the search firm is confirming that they keep to the principles of the Code. This provides important protection for You.

The Code's core principles - Firms which subscribe to the Search Code will:

Display the Search Code logo prominently on their search reports.

Act with integrity and carry out work with due skill, care and diligence.

At all times maintain adequate and appropriate insurance to protect consumers.

Conduct business in an honest, fair and professional manner.

Handle complaints speedily and fairly.

Ensure that products and services comply with industry registration rules and standards and relevant laws.

Monitor their compliance with the Code.

Complaints

If you have a query or complaint about your search, you should raise it directly with the search firm, and if appropriate ask for any complaint to be considered under their formal internal complaints procedure. If you remain dissatisfied with the firm's final response, after your complaint has been formally considered, or if the firm has exceeded the response timescales, you may refer your complaint for consideration under The Property Ombudsman scheme (TPOs). The Ombudsman can award up to £5,000 to you if the Ombudsman finds that you have suffered actual financial loss and/or aggravation, distress or inconvenience as a result of your search provider failing to keep to the Code.

Please note that all queries or complaints regarding Your search should be directed to Your search provider in the first instance, not to TPOs or to the PCCB.

TPOs Contact Details:

The Property Ombudsman Scheme

Milford House

43-55 Milford Street

Salisbury

Wiltshire

SP1 2BP

Tel: 01722 333306

Fax: 01722 332296

Website: www.tpos.co.uk

Email: admin@tpos.co.uk

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Helpline number: 0303 123 1113

Website: https://www.ico.org.uk/make-a-complaint

You can get more information about the PCCB from www.propertycodes.org.uk

PLEASE ASK YOUR SEARCH PROVIDER IF YOU WOULD LIKE A COPY OF THE SEARCH CODE

Our complaints procedure is as follows:

If You want to make a complaint, We will:

Acknowledge it within 5 working days of receipt.

Normally deal with it fully and provide a final response in writing, within 20 working days of receipt.

Keep You informed by letter, telephone or email, as You prefer, if We need more time.

Provide a final response, in writing, at the latest within 40 working days of receipt.

Liaise, at Your request, with anyone acting formally on Your behalf.

Complaints should be sent to hello@casera.co.uk

If you are not satisfied with our final response, or we exceed the response timescales, you may refer the complaint to The Property Ombudsman

scheme (TPOs): Tel: 01722 333306, E-mail: admin@tpos.co.uk.

We will cooperate fully with the Ombudsman during an investigation and comply with his final decision.