Landcycle SaaS Terms & Conditions

These Terms and Conditions govern your participation in and use of any website, application, or web pages or other electronic services operated by Land Software Limited (a company registered in England and Wales under company number 12774625, whose registered address is Albany House, Claremont Lane, Esher, Surrey, England, KT10 9FQ) under the brand and trading name "Landcycle" (the "Service").

These terms and conditions (the "Terms") set out the terms of your relationship with Land Software Limited ("we", "us", "our") in relation to Landcycle. Please read these terms carefully as they affect your rights and obligations under the law.

If you do not agree to these Terms in full, please do not register with us or otherwise continue using the Service. By using the Service, you confirm you accept these Terms and agree to comply with them.

Please also see our Privacy Notice for information about how we collect and use personal data.

1 Introduction

1.1 Our Service provides a data and information service in relation to land and property and allows you to view the status and valuation estimates of real estate interests, land and property ("Land"), to layer maps with additional data, and to communicate with the owners of Land. Additional related Services may be made available from time to time.

1.2 These Terms will apply to all users of the Service ("you" or "users"). We may, at our own discretion, offer "Premium Accounts". Such Premium Accounts may include subscriptions or user licences. Our users may be individual professionals who have taken out a subscription with us by placing an order for a subscription (referred to as "Individual Subscribers" in these terms). Our users may also be employees, representatives or agents for business who has taken out a subscription with us (referred to as "Corporate Subscribers"). We refer to any organisation, firm or entity that employs you or with whom you work and who has taken out a subscription as your "employer", even if you are not technically an employee of our subscriber. Individual Subscribers and Corporate Subscribers whose access is provided by an employer are collectively referred to as "Subscribers".

1.3 Depending on the subscription taken out by you as an Individual Subscriber or your employer, levels of registration or subscription may apply. By using the Service you agree that you will be bound by these Terms, whether or not you are using the Service in a beta test, as part of a free trial, freemium offering, or as part of a subscription taken out by you or your employer.

1.4 Please note that these Terms may be amended from time to time. Notification of any changes will be made by posting new terms onto the Service. In continuing to use the Service you confirm that you accept the then current Terms in full at the time you use the Service.

1.5 The Service is an information and services tool in relation to Land primarily for businesses and professionals. If you are using the Services as a consumer, please see the Terms at clause 11 below which apply to you.

2 Third Party Information and Data

2.1 Our Services will include information and access to data and material, from third-parties (collectively such material is referred to as "Third Party Content").

2.2 The following is a non-exhaustive list of third-parties whose Third Party Content may be accessible via our Service:

2.2.1 Ordnance Survey ("ordnance Survey");

2.2.2 HM Land Registry (including HM Land Registry Business Gateway; Use land and property data);

2.2.3 Open Street Map Foundation ("OMS Foundation");

2.2.4 Office for National Statistics; ("ONS");

2.2.5 Companies House;

2.2.6 National Grid PLC ("National Grid");

2.2.7 Royal Mail ("Royal Mail");

2.2.8 Local Authorities (including planning application data); and

2.2.9 Department for Levelling Up, Housing & Communities.

2.3 You are not permitted to republish or resell any content or data provided via the Service or use any content or data provided via the Service other than for your own individual or internal business purposes. In addition that please note that Third-party Content providers may have guidelines in relation to any publication of their content and that you will be subject to similar limitations in relation to Third Party Content.

2.4 Any content provided by our Service may contain intellectual property rights, confidential and/or proprietary information including rights held by us and our Third Party Content providers. As such, these terms expressly permit Third Party Content providers to directly enforce these terms against you. You are required inform us of any misuse or other activity that could compromise third-party intellectual property rights.

2.5 Please note that we or our Third Party Content providers may be entitled to share certain details relating to you with Royal Mail by virtue of their (or our) agreement with Royal Mail. To the extent that the data comprises address information it may be subject to additional terms as specified by Royal Mail.

2.6 We may provide necessary co-operation with Third Party Content providers in the event of an actual or suspected breach of these terms or applicable Third Party Content terms, which may include providing information reasonably requested by Third Party Content providers, such as your user details.

2.7 In relation to the use of any information or data provided by Ordnance Survey, please note the terms of Ordnance Survey’s Open Identifiers Policy which is available here.

2.8 Material and data belonging to HM Land Registry may be made available to you via our Service. This in no way permits you to share, reproduce or otherwise breach HM Land Registry’s copyright or other intellectual property rights, confidential and/or proprietary information. As such, these Terms expressly permit HM Land Registry to directly enforce those terms against you.

2.9 You are required to inform us of any misuse or other activity that could compromise the rights (including intellectual property or other proprietary rights) of any Third Party Content provider.

3 Communication Service

3.1 As part of our Service, Subscribers may send letters to the owners of Land to express an interest in purchasing or otherwise transacting such Land.

3.2 You may upload your own template letter, and amend the letter content. Our Service will permit you to send a letter to a Land owner using a third party mailing service and data available on HM Land Registry Once your letter is submitted to our Service, it will be posted to your chosen recipient (the address of the registered owners of the land).

3.3 We accept no responsibility for the content of any letter, nor guarantee that contact addresses are correct and up-to-date. By using this service, you accept liability for the content of any communications, even if you have used a base template provided to you by us.

4 Registration, Subscription and Payment

4.1 We may allow access to the Service (or part of the Service) without a registration or subscription but we reserve the right to withdraw access without a registration or subscription at any time.

4.2 Unless we agree otherwise, you or your employer must obtain a valid subscription from us in order for you to gain access to the Service and the applicable subscription fees (plus any applicable VAT) must be paid before we grant access to the Service.

4.3 Where available, Subscribers may be able to purchase, for a fee, title information relating to Land as updated from time to time on the HM Land Registry website. Depending on the level of subscription and Services which are offered at any given time, Subscribers may also be able to purchase other services on a fee per service basis.

4.4 Unless we agree otherwise, fees shall be paid and payable using a valid credit card. We do not currently facilitate payments via any other method, however, at our own discretion, we may agree to make alternative arrangements on an individual case by case basis.

4.5 If you deposit funds with us to make purchases on the Service you will be entitled to request a refund of those funds, but if you are not a consumer then any refund will be subject to a 5% handling charge and we will be entitled to deduct 5% of the balance.

4.6 In the event access to the Service for additional users is required, relevant additional fees shall fall due.

4.7 If subscription fees are paid using a debit or credit card then contact information, billing information and debit/credit card information must be accurate and kept up to date. Payment may be taken at any time between placing an order for a subscription and us accepting the order (by way of a confirmation email). Confirmation emails will be generated on the basis of information you have provided us with. In those instances where we are unable to accept the order but payment has already been taken and processed, we will refund the full amount paid as soon as possible, using the original payment method used. Payments via debit/credit card will not be handled by us directly and will be collected and processed via our third-party payment processor.

4.8 Notwithstanding the provisions above, to the extent we have provided the Service but fees remain outstanding for thirty (30) days or more from the payment due date, we may at our discretion suspend access to the Service immediately and, we may delete user accounts including any information uploaded or otherwise inputted into the Service.

4.9 We are not obliged to permit anyone to register with the Service and we reserve the right to refuse registration to anyone for any reason. We also reserve the right at our discretion to remove any content from the Service, terminate your registration and/or subscription and restrict your access to the Service at any time for any reason.

4.10 Access to certain functionality and features (including access to certain levels of support) may be restricted or limited, depending on the subscription taken out by you as an Individual Subscriber or your employer.

4.11 The maximum number of users accessing and using the Service shall not exceed the number of permitted users for the relevant subscription, as agreed by us from time to time.

4.12 We reserve the right to add or remove services and functionality from any registration or subscription type or to add or remove registration or subscription types.

4.13 We may offer a free trial period during which we allow you, for a period specified solely by us, to access functionality which is usually only available to Subscribers. We will give you access to the Service for a single user or an agreed number of specified users. Where the trial is offered for a fixed period, if you or your employer does not take out a subscription at the end of the trial period, we reserve the right to withdraw access to the Service. We may, at our sole discretion, extend or withdraw any trial period. Trial periods are offered strictly at our discretion and we may reduce the period or change the terms of any trial period we offer at any time. During a free trial the Service may only be used to evaluate whether the Service is suitable for your purposes and it may not be used for commercial purposes.

4.14 We may permit or require you to register an administration account with us in order for your Administrator to access the Service. An "Administrator" is an individual who is entitled to administer the Service on a Subscriber’s behalf and receive information in relation to the Subscriber’s users. An administration account is strictly for a specific Subscriber’s use and must not be shared or otherwise accessed by individual outside of the Subscriber organisation.

5 Data Protection

5.1 Any personal data held or processed as part of the Service is handled in accordance with our Privacy Notice which can be viewed here.

5.2 As per the terms of our Privacy Notice, we are the controller of certain personal data which is processed by us as part of the Service.

5.3 It is agreed that for the purposes of UK GDPR if you are using the Service as a representative of your employer who has signed a separate subscription agreement with us, then your employer is the controller and we are the processor as regards any data contained in any user-generated content which is submitted when using the Service ("User Personal Data"). If you are using the Service as an Individual Subscriber then, unless otherwise agreed, we will be the controller of User Personal Data.

To the extent that we are acting as a processor, our standard Data Processing Agreement ("DPA") between us and your employer will govern the terms under which we collect and process the relevant User Personal Data.
5.4 We agree that the DPA is incorporated into each contract between us and your employer.

5.5 You agree to comply with applicable requirements of any laws and regulations relating to data protection in relation to your processing of Collaborator Personal Data. We agree to comply with the provisions of the GDPR and these Terms.

5.6 You are not permitted to, and hereby agree not to, upload any personally identifiable information that does not belong to you when you register with the Service. You agree that all information supplied on registration will be kept up to date at all times. We will use the information provided to us to contact you. Each user is required to provide us information which may include a name, email address, telephone number, country of residence, details of your role, employer and industry and such other information as we may reasonably request. You are responsible for ensuring that the information provided to us is up-to-date and accurate.

5.7 If we have reason to believe that there has been, or is likely to be a breach of security or misuse of the Service through your account or the use of your password, we may notify you and require you to change your passwords on our system or we may suspend your account until you have done so. Until you have changed all your passwords or we have reactivated your account you will not be able to access the Service.

6 Nature of Information

6.1 Please note that the Service is provided strictly for the purposes of providing information and visualisation tools for Land and related services. We do not supply the relevant data which is collected from various third-party sources and we cannot provide any warranty or guarantee as to its accuracy.

6.2 In particular, Land valuation estimates are in no way guaranteed to accurately reflect the true valuation of any Land, and are based on information or valuation model that may be limited, out of date or otherwise inaccurate. You may not rely on any Land valuation estimate for the purposes of any transaction or decision and you should obtain formal valuation advice before any transaction or decision.

6.3 The information provided by the Service should not be regarded as or relied upon as being comprehensive. The information provided is based on information, data and materials which were available at the relevant time and much of the information is provided by third parties. Any information provided should not be regarded as definitive or relied upon to the exclusion of other information, opinions and judgements and in particular in relation to any Land. You should ensure that you undertake your own due diligence and searches prior to any offer or transaction in relation to Land.

6.4 Any decisions made by you, or by any organisation, agency or person who has received information provided by us are decisions of the recipient of the information and we will not make, or be deemed to make, any decisions on behalf of any person and we will not be liable for the consequences of any such decisions. You must take into account any other factors apart from information provided via the Service of which you and your experts and advisers are or should be aware.

6.5 The information and data provided by the Service may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information in the wrong context.

6.6 Reasonable efforts will be made to ensure that the information and data provided is accurate and up-to-date but we cannot and do not guarantee that the information and data provided will be error-free. Any information or data may be superseded.

6.7 The Service and its content is not intended to be taken as offering any view or representation in relation to any information or data displayed or provided through the Service. You must always exercise your own independent judgement and professional advice before relying on or using in any information or data provided by the Service.

7 Use and Abuse of the Service

7.1 Any information you provide through your use of the Service is your personal responsibility. You will be personally liable for claims relating to negligence, defamation, breach of intellectual property, privacy or any other claim arising from your content.

7.2 You agree that you will not:

7.2.1 solicit log-in information or access an account belonging to someone else;

7.2.2 do anything illegal, unlawful, misleading, malicious, or discriminatory using the Service;

7.2.3 impersonate any other person whether or not that other person is a user of the Service.

7.2.4 resell or commercially exploit the contents of the Service. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect information or data from the Service.

7.2.5 In the event that you are informed that you will no longer be entitled to access the Service you will not be entitled to register again and you will no longer have permission to use the Service unless we decide otherwise.

7.2.6 You agree not to upload any files or post or publish anything on the Service that contains viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s device.

8 Restrictions on Use

8.1 Any reference to "authorised end users" in this clause 9 means those users who are duly permitted access to our Services by us in accordance with this agreement". You agree that you will not, except as may be allowed by any applicable law which is incapable of exclusion by these Terms or except to the extent expressly permitted under these terms or agreed between us in writing:

8.1.1 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service or content provided via the Service ("Content") in any form or media or by any means;

8.1.2 attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service or Content;

8.1.3 access all or any part of the Service or Content in order to supply similar services to any Third Party or in order to build a product or service which competes with the Service;

8.1.4 provide the Service or Content to third-parties other than in the context of allowing use by the authorised end users and for your internal business purposes;

8.1.5 license, sell, rent, lease, transfer, assign, distribute, display, disclose, commercially exploit, or otherwise make the Service or Content available to any third party except the authorised end users in accordance with these Terms;

8.1.6 make available in any way for the use or benefit of any unauthorised party, any Content, information, materials, software, or other proprietary information received from us, in whole or in part, unless we agree in writing;

8.1.7 unless we otherwise agree, remove, deface, obscure, or alter our or any third party’s copyright notices, trademarks or other proprietary rights notices affixed to or provided as part of the Service;

8.1.8 input, upload or otherwise store any documentation, materials, information or other content to the Service platform which is illegal, defamatory, fraudulent, offensive or infringing on any party;

8.1.9 upload any files or content that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of the software or the Service;

8.1.10 modify, incorporate into or use the Service or Content with other software, or create a derivative work;

8.1.11 use any robot, spider, scraper, or other automated means to access the Service or Content for any purpose without our written consent; or

8.1.12 attempt to obtain, or assist third-parties in obtaining, access to the Service or Content other than in accordance with these terms.

9 Our Liability

9.1 Nothing in these Terms will limit our liability for fraud, death or personal injury caused as a result of our negligence or any other liability which cannot be limited or excluded by law.

9.2 We will operate the Service with the reasonable skill and care of an online service provider and whilst we use our reasonable endeavours to ensure that content provided is accurate, complete, reputable and up-to-date, we do not make and hereby exclude all representations, warranties or guarantees, whether express or implied, in respect of any information, content or data supplied.

9.3 We do not undertake detailed monitoring or supervision of content, comments or communications between users of the Service.

9.4 From time to time it may be necessary to suspend access to the Service for a period of time and any such interruptions shall not constitute a breach by us of these Terms.

9.5 To the extent permitted under applicable law, we exclude all representations, warranties, guarantees or other terms which may apply to our Service or any content on it – expressed or implied.

9.6 We will not be liable for any a) revenue loss; b) profit loss; c) loss of or damage to goodwill or reputation; d) business loss; e) financial loss; f) economic loss; g) consequential loss or h) indirect loss arising as a result of your use of the Service whether such loss is incurred or suffered as a result of our negligence or otherwise.

9.7 We will not be liable for any use of the Service other than for general information purposes.

9.8 We will not be liable for unauthorised employees using our Service.

9.9 We will not be liable if content you have posted and stored on the Service is lost, corrupted or damaged.

9.10 Unless otherwise agreed, our total liability in providing the Service shall in no circumstances exceed a sum equal to the subscription fees paid in respect of your subscription in the twelve (12) months leading up to the relevant claim if you are an Individual Subscriber, or if you are using the Service as a representative of your employer the sum of two-hundred- and fifty-pounds sterling (£250).

10 Renewal, cancellation and termination

10.1 Please note, if you are a Consumer, clause 11 applies in addition to this clause. Any subscriptions/licences will continue in full force and effect for the period we have agreed with you or your employer (the "Initial Subscription Term"). Thereafter, your subscription will automatically renew for successive subscription periods of the same length of time as the Initial Subscription Term (each a "Renewal Period"), unless:

a) either party notifies the other party of termination, in writing, before the end of the Initial Subscription Term or any Renewal Period (such notice being not less than one month for annual subscriptions and fourteen (14) days for monthly subscriptions), in which case your subscription will terminate upon the expiry of the applicable Initial Subscription Term or Renewal Period; or

b) your subscription is otherwise terminated in accordance with these Terms.

10.2 Cancellation of a subscription must be provided in writing in accordance with the notice periods specified in clause 7.1 by contacting customer service at loading…, in which case the subscription will terminate upon the expiry of the Initial Subscription Term or Renewal Period (as the case may be). If the subscription is not cancelled in time and a new billing period has begun, the relevant subscription fees in respect of that new Renewal Period will still be payable and will not be refunded if paid already. If your subscription is renewed automatically in accordance with clause 7.1 then you will be charged at our then current rates for your use of the Service during the relevant Renewal Period and we reserve the right to take payment using the same debit/credit card details provided for previous subscription payments to us.

10.3 Without affecting any other right or remedy available to us, we may terminate your subscription with immediate effect by giving written notice to you if you commit a material breach of these Terms which breach is irremediable or (if such breach is remediable) you fail to remedy that breach within a period of thirty (30) days after being notified in writing to do so. For the avoidance of doubt non-payment of an outstanding amount which is owed to us will constitute a material breach under the Terms.

10.4 If you wish to cancel your registration as an individual user, please notify us and we will delete your registration. If you are using the Service as a representative for your employer then cancellation must be made by your employer or your employer’s Administrator with us.

10.5 If you cease to be employed or engaged by your employer who has taken out a subscription with us, your relationship with our client comes to an end or if the subscription taken out for you is terminated or otherwise comes to an end, then you will not be entitled to access the Service. We will not be liable for any loss of data you have uploaded to the Service in that event.

10.6 Posted content on the Service will remain available to other users engaged by your employer following termination of your registration.

10.7 You have the right to cancel or change an order for content prior to delivery / download by contacting us at loading…, please note that if you are not a consumer then any refund of any sums paid will be subject to a 5% handling charge.

11 Consumers

11.1 If you are a consumer and you are not using the Service in connection with a trade or profession, you have rights to cancel your Premium Account (including subscriptions or licences) or an order for content with us, as set out below.

11.2 You have the right to cancel or change an order for content or Services, prior to delivery / download (or in the case of Services prior to the date on which the Services are to be performed) by contacting us at loading….

11.3 If you have ordered a subscription for Services from us you may cancel because you have changed your mind and the cancellation period will start on the day you start your subscription and will end fourteen (14) days after the day you receive a Confirmation Email from us to tell you that your subscription is accepted (but please note that if we start the Services within this period you may be liable for the cost of the services supplied up to cancellation, please see below).

11.4 If we supplied Services to you and failed to use reasonable skill and care, we will refund to you the price of the services paid for. To exercise the right to cancel, you can contact on loading….

11.5 Please inform us by way of a clear statement (for instance by email) which includes your name, email address, details of the subscription, order number (if applicable), address and telephone number. You can use the cancellation form attached at Schedule 1 to these Terms if you wish, but it is not compulsory and should only be used where you wish cancel the Agreement because you have changed your mind.

11.6 Please note to meet the cancellation deadline it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

11.7 In certain circumstances you will not have the right to cancel your subscription or an order.

11.8 You will not have a right to cancel your subscription after the cancellation period has elapsed.

11.9 In the case of an order for downloadable content, if we have started to deliver the content you will not have the right to cancel the order. If we have delivered the content in part when you cancel, then you will be obliged to pay for the content provided.

11.10 If you have taken out a subscription and you cancel in the cancellation period and we have agreed to reimburse you, despite the provision of Services already having started, we may deduct from the reimbursement a reasonable amount to reflect the Services provided up to the point of cancellation. We will do this on a pro rata basis.

11.11 Any reimbursement we make to you will be using the same method of payment as you used for the initial payment, unless you and us have expressly agreed otherwise.

12 Intellectual Property & Availability of the Service

12.1 By submitting data to the Service you expressly grant us a royalty-free, perpetual, irrevocable license to use such content in order to deliver the Service to you.

12.2 The format of the Service and any Content provided via the Service is protected by United Kingdom and international copyright, database rights and other intellectual property or proprietary rights. The look and feel of the Service together with any formats and templates provided by the Service and any Content provided via the Service are proprietary to us or our Third Party Content providers. We and our Third Party Content providers reserve all applicable rights.

12.3 The Service and Content are licensed to you strictly for internal use within your business only.

12.4 Although we aim to offer you the best service possible, we make no promise or guarantee that the Service will meet your particular requirements. We cannot warrant or guarantee that the Service will be fault-free. If a fault occurs with the Service you should report it to us immediately and we will attempt to correct the fault as soon as we reasonably can.

12.5 Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.

12.6 You agree to comply with the terms of any applicable third-party end-user licence agreement.

13 Contact Us

13.1 If you require technical support in using the Service please click here. We will provide you with our standard customer support services during normal London business hours by email, in-product chat or web portal (at our discretion). We may vary our support services in our sole and absolute discretion from time to time. You may purchase enhanced support services and professional services separately at our then current rates.

13.2 If you have any questions about these Terms, please contact us at loading….

14 General

14.1 You shall comply with all foreign and local laws and regulations which apply to your use of our Service in whatever country you are physically located.

14.2 These Terms are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.

14.3 If any provision of these Terms (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

14.4 If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

14.5 We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.

14.6 These Terms apply between you, the end user or Individual Subscriber, and us. No other person shall have any rights to enforce any of these Terms.

14.7 You are not entitled to assign or otherwise transfer any of your rights or obligations under these Terms, nor are you permitted to sub license the use (in whole or in part) of the Service without our prior written consent.

14.8 We may make changes to the format of the Service, services provided or to the Service’s content at any time without notice.

SCHEDULE 1: CONSUMER MODEL CANCELLATION FORM

(Complete and return this form only if you wish to cancel the Agreement because you have changed your mind)

To the relevant person at Land Cycle (loading…)

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract

[*]/for the supply of the following service/ downloadable content

[*],…………………………………………………………………

Ordered on [*]/received on [*],…………………………………………………………………

Name of consumer(s), …………………………………………………………………

Address of consumer(s), …………………………………………………………………

Signed (you are only required to sign if returning by

post):…………………………………………………………………

Date…………………………………………………………………

[*] Delete as appropriate