Terms & Conditions
Last Revised (14/07/2011)
(A) Introduction
1. These terms & conditions of use govern your use of www.rankdesk.com (our “website”) and any material derived from the website such as, but not limited to the analysis reports; by using our website or any material derived from the website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website or refer to any material derived from the website.
2. If you register on our website, we will ask you to expressly agree to these terms of use.
3. These terms of use are provided in the English language only.
(B) Licence to use website
1. Unless otherwise stated, we own the intellectual property rights in the website and material on the website. All property photographs, plans and energy performance certificate illustrations are the intellectual property rights of estate agents. Subject to the licence below, all these intellectual property rights are reserved.
2. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website;
(f) redistribute material from this website except for content specifically and expressly made available for redistribution;
(g) republish material without clear reference to rankdesk;
(C) Acceptable use
1. Unless you are a subscriber to our website, you must not access or attempt to access any area on the website that is restricted to subscribers.
2. You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
4. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
5. You must not use our website to transmit or send unsolicited commercial communications.
6. You must not use our website for any purposes related to marketing without our express written consent.
(D) Subscriptions
1. In these terms, “subscription” means a right to temporarily access restricted areas of our website
2. Access to certain areas of our website is restricted to subscribers. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
3. You may become a subscriber by selecting any one of the following subscription services:
a. FREE
b. PAY AS YOU GO
c. PRO
d. BUSINESS
e. ESTATE AGENT
4. These subscription services offer you specific redistribution rights. The FREE & PRO subscriptions are to be used by the subscriber only and allows no redistribution of content to other parties. The Business subscription allows subscribers to redistribute individual reports to their customers by printing our PDF reports. Estate Agent subscriptions allow subscribers to redistribute property reports to their customers.
5. All subscriptions allow you to buy analysis credits, which can be used to send us properties that can be analysed within 24 hours.
6. We will acknowledge receipt of the order to the recipient of the service without undue delay and by electronic means.
7. You will have the opportunity to identify and correct input errors prior to ordering your subscription by checking through your order details prior to your purchase.
8. The subscription charges will be as set out on our website.
9. You must pay to us the subscription charges in respect of the subsequent period of your subscription in advance, in cleared funds, in accordance with the instructions on our website.
10. We may vary subscription charges from time to time by posting new charges on our website. However, such variations will not affect subscriptions that have already been paid for.
11. Your subscription will be activated automatically following receipt of your subscription charges in cleared funds. Your subscription will continue indefinetely until you cancel it or upgrade or downgrade to another subscription.
12. We provide each subscriber with a login and password to enable the subscriber to access the restricted areas of our website. Subscribers must ensure that their login and password details are kept confidential. If we detect that your password is being used maliciously, we will cancel your account and issue you with a new password.
13. During the period of your subscription, you will be able to access, using the login and password details that we provide to you, all our property ranking lists, your saved property ranking lists, our search facilities, your saved properties facility, html versions of individual analysis reports.
14. If you are contracting as an consumer, you may cancel a subscription at any time within 7 working days, beginning on the day after you received our acknowledgement of payment of your subscription charge, providing that you have not accessed the restricted areas of the website during that period. If you cancel a subscription in accordance with this provision, you will receive a full refund of the price paid. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your valid notice of cancellation. Your notice of cancellation should be sent to the address or email address at the end of these terms of use.
(E) Our commitment to you
We:
1. Will provide a general property analysis & ranking service for displaying investment and quality related assessment data of London properties. Our property rankings are published once a week.
2. Will use reasonable endeavours to maintain the availability and performance of Our website.
3. Will review our assessment criteria and methods on a regular basis so that properties are assessed and ranked according to the latest assessment standards.
4. Will use property data provided to us by member estate agents in order to carry out the assessment and ranking of properties. We will maintain the integrity of this data but accept no responsibility for checking the accuracy of the data and have no obligation to edit the data, although we reserve the right to edit or remove data if we believe it is inaccurate or contravenes these Conditions in any way.
5. Will use reasonable endeavours to ensure that property data is not altered in such a way as to misrepresent the property.
6. Will direct you to the relevant page on an estate agent’s website where you will receive general property information and/or to our analysis page where you receive detailed analysis on the property.
7. Will use reasonable endeavours to ensure that updates to the availability status and price of a property will appear on our Website within 48 hours. Any other changes will appear on our Website within 7 working days.
(F) Your commitment to us
You:
1. Understand that purchasing or investing in property or real estate involves risk and that no decision in acquiring or making offers to property advertised in rankdesk should be based on our assessments alone.
2. Acknowledge that some of the information published on this website is submitted by partner agents and that we do not review, approve or edit such information prior to our analysis. We do not warrant the completeness or accuracy of the information published on this website. You should check all information with the relevant Agent.
3. Understand that we do not visit properties in order to carry out our analysis. We base all our rankings solely on property information available on the websites of partner estate agents and on in-house quality & investment market research.
4. Understand that our assessments were carried out on a specific date and that any information about the property is assumed to be correct on that date.
5. Agree that our analysis, rankings or reports should not be considered to constitute any form of valuation or survey of a property.
6. Understand that mortgage rates and mortgage amounts in our default calculations are for information purposes only. You should consult an independent mortgage advisor to determine a mortgage that is suitable for your circumstances prior to changing your investment settings in our website.
7. Understand that at no stage will we communicate with you in order to suggest an investment based on your personal circumstances and that we can take no part in any transaction in respect of the property.
8. Understand that rankdesk has no intention to sell, acquire or manage any property and that there is to be no arrangements with respect to property between rankdesk and any other party.
9. Warrant that you will allow us to assume certain data when calculating the investment return of a property such as but not limited to; rent of similar properties in the area, service charge & ground rent if exact values have not been provided by the estate agent, capital appreciation & rental growth.
10. Understand that all values listed in clause F8 are values derived at neighbourhood, city or regional scales and that we then assign these to an individual property. This method will inevitably create margins of error in our analysis.
11. Understand that we have also assumed that: a. Returns are based on the Asking price and the rental income of the property where no consideration has been made with regards to vacant possession or otherwise; b. No provision has been made to the cash flow of the properties that have potential for any building work or other development requiring planning permission or other wise; c. No provision has been made to the cash flow for any lease extensions that might affect the asking or the sale price of the property.
12. Agree that any contact or dealings you have with an Agent are entirely between yourself and the Agent. We do not accept any responsibility or liability for any such contact or dealings.
13. Use reasonable endeavours to respond to emails or telephone calls from us.
14. Make all payments due to us pursuant to our charging structure, as notified from time to time, promptly in accordance with section G below.
15. Warrant that you will not share your passwords or allow access to our website to any person or to any third party. Any violation of this paragraph will result in your password being reset and a new one issued to you upon request.
16. Warrant that you will not redistribute parts or complete versions of our investment reports and our TOP 100 lists unless you hold a Business account.
17. Accept responsibility to check the availability of a property before submitting it for analysis.
(G) Payment Terms
1. If your membership is accepted, you will pay either one-off or recurring membership charges for the rankdesk services you select and use. If you opt for any of our monthly subscription plans, you will be charged automatically on a recurring basis after we have received your authorisation during the initial order. Your next billing date will automatically occur in 30 days unless you cancel your subscription at any time. If you decide to cancel your subscription, your subscription will extend to the end of the current billing cycle and you will not be charged again. You will not receive any refunds for any outstanding days remaining in your current subscription.
2. If you pay us by Direct Debit, we will collect payment from your nominated bank account not less than 14 days from the issue of the invoice in accordance with the Direct Debit scheme.
3. If you pay us by Credit Card, we will charge your nominated credit card in advance of the period to which the payment relates unless you buy a single ’Analyse a property’ credit where we will only charge your card once we have accepted to analyse your property.
4. If we invoice you, unless you tell us within 10 days of any mistakes, we will deem the invoice amount agreed and must receive payment within 14 days of the date of the invoice.
5. If we are unable to collect payment within the terms listed in G 1 – G 4, then we may charge you interest on your outstanding balance at 3% above the prevailing base rate of Barclays Bank PLC per month. We also reserve the right to suspend your membership.
(H) Limited warranties
1. Nothing within the Website is, or shall be deemed to constitute, financial or other advice or a recommendation to purchase any product or service. Any and all information provided within the Website is for general information purposes only. Independent professional advice should be obtained before you purchase any property analysed via the Website.
2. The assessment results determined by rankdesk are partly dynamic and created based in part on automatic feeds of property data to our calculators. While we have made every effort to assure accuracy, our results may be incorrect due to, but not limited to a software mulfunction, an incorrect formula, changes to tax rates and changes in rental yields.
3. The information, calculations and data presented on this website shall not be considered a substitute for legal, accounting, tax real estate or other professional advice or service provided to you. You should seek proper legal, tax, real estate and professional advice as appropriate before making any real estate related decisions.
4. We warrant to subscribers that the subscription service will be provided with reasonable care and skill, that we will use reasonable endeavours to maintain the availability of the website subject to scheduled maintenance during the term of a subscription.
5. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(I) Limitations of liability
1. Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
2. Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
(e) our maximum liability in relation to any event or series of related events will be limited to £100.
3. You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.
4. You agreed to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.
(J) Indemnity
1. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
(K) Breaches of these terms of use
1. Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) suspend and/or delete your account with the website;
(h) delete and/or edit any or all of your user generated content.
2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.
3. In addition to our rights and remedies above, if a subscriber breaches these terms of use in any way, or if we reasonably suspect that a subscriber has breached these terms of use in any way, we may cancel the subscriber’s subscription. Where we cancel your subscription for this reason, or take any other action against you under this Section, we will not refund to you the subscription charge or any element of the subscription charge you have paid.
4. We may also cancel subscriptions on 30 days’ written notice without cause. Where we cancel your subscription on this basis, we will refund to you all subscription charges paid by you to us in respect of any period of subscription after the date of effective termination of the subscription.
(L) Third party websites
1. Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
(M) Trade marks
1. rankdesk and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
2. The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
(N) Competitions
1. From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).
(O) Variation
1. We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.
2. We will not file a copy of these terms of use specifically in relation to each subscriber and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that subscribers print and file a copy of these terms of use for future reference.
(P) Assignment
1. We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent – providing that, where you are a subscriber and a consumer, we will not transfer our rights and/or obligations in any way which may serve to reduce the guarantees benefiting you under these terms of use.
2. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
(Q) Severability
1. If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(R) Exclusion of third party rights
1. These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
(S) Entire agreement
1. These terms of use, together with our privacy policy and/ or our partner agents agreements, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
(T) Law and jurisdiction
1. These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales irrespective of the location of users, subscribers and of the property.
(U) Our details
Rankdesk is a trading name of Property Analytics Ltd.
We are registered in England & Wales under registration number 6913410.
Our registered address is c/o Lee Christian & Co, 161 Lancaster Road, London EN2 0JN
You can contact us by email to info@rankdesk.com
