Let's Comply Limited Terms and Conditions of Business

 

This is Let's Comply Limited Terms and Conditions of business.  Before proceeding to sign up, please read and confirm that you agree to our terms and conditions of business.

By using this website and signing up to our service, you are agreeing to be bound by the terms and conditions set out below.

If you are not in agreement, or do not wish to be bound by these Terms and Conditions, then please do not continue to use or access this website or proceed to sign up and use our services.

Interpretations and Definitions

In these Terms and Conditions, the following words and expressions shall have the following meaning:


Agreement” means the contract coming into place between You and Us for the provision of Services

Authorised User” means a Property Professional who has been accepted by Us and has an active account

Business Hours” means between 9 a.m. and 5 p.m. GMT and any day other than a Saturday, Sunday or Bank holiday

Data Protection Laws“ means all laws that relate to Data Protection, privacy and the use of information relating to individuals as binding on Us and You and without limitation to the Data Protection Directive 95/46/EC, the Data Protection Act 2018 or the General Data Protection Regulation (EU) 2016/679 and all laws which implement any such laws and any laws that replace, extend, re-enact, consolidate or amend any of the foregoing.

Due date” means a calendar day 14 days from the date of Our invoice to You.

GDPR“ means the General Data Protection Regulation (EU) 2016/679.

"Intellectual Property Rights" means any patent, applications, copyright, know-how, technical and commercial information, registered or unregistered design, design rights, internet domain names, database rights, trademark (whether registered or unregistered), business names, applications to register any of the foregoing rights, trade secrets and rights of confidence, in each case in any part of the world and whether or not registered or register-able.

Order Confirmation” means the details We have received from Your submission on Our Website for the provision of Our Services and request of a Report

Property Professional” means any Letting Agent currently registered on the Scottish Government Letting Agent Register, or any current member of the following membership bodies ARLA Propertymark, NAEA Propertymark, The Law Society of Scotland, Royal Institute of Chartered Surveyors, The Property Ombudsman or other bodies or individuals as approved by Us.

Report” means a Section 3 Report prepared by Us for You verifying who is the legal owner of a property and all outstanding charges over the property and other such information that may be relevant.

Services” means the Service which are to be provided by Us to You as specified in Your order confirmation

We” “Our” or “Us” means Let’s Comply Limited

Website” means www.letscomply.co.uk or such other Website operated by Let’s Comply

You” “Your” or “Yourself” means the organisation of Property Professional entering into Agreement with Us

Who We are

We are Let’s Comply Limited, a company registered in Scotland (SC595548),  having our registered office at 11 Somerset Place, Glasgow, G3 7JT. We offer an online check for Property Professionals who want to verify a landlord is the legal owner of the property.

This Agreement creates the entire terms and conditions of the service We will provide and which You agree to contract with Us for the use of the service.

Any previous agreements You may have with Us, whether they be written, oral, formal or informal will be succeeded by Your acceptance of this agreement.

Provision of Services

We will make every effort to ensure the Services are available for use 24 hours per day, seven days a week, except where the Services will not be available during any periods of planned or essential maintenance.

Our best endeavours will be used to ensure notice is issued to You in advance, by email or via a notice on the Let’s Comply Website about any planned maintenance taking place.

If We improve the Services for technical, business, legal or any other reason We can do this without notice to You.

Following activation of Your account, We recommend that You undertake training on the use of the relevant Services as soon as reasonably practicable. Upon request We can provide You with the required training on Our Services.

The Services are available for all property in Scotland.

Registration and ordering

Before You can place an order with Us, We require You to sign up, providing Us with Your details so that We know who You are, and We can send the report back to You.

When completing the signing up process You will:

  • provide true, accurate and complete information that You are required to provide when registering as an Authorised User;
  •  select an individual password that each Authorised User will be allowed to change

Once accepted:

  • You will become an Authorised User
  • a contract will come into place between You and Us for the provision of the Services subject to these Terms of Conditions.
  • You agree to notify Us immediately of any changes to Your or any authorised User information. 


We reserve the right to refuse any registration application entirely at Our own discretion.

Ordering is completed by following the prompts on the Website and You may only submit an order Using this method. You should complete the relevant fields in the Website when ordering.

The Website allows You to check the details You are about to submit to Us and affords You the opportunity to amend any errors prior to submitting Your order. It is Your responsibility to ensure Your order is complete and accurate prior to submission.

If You have successfully submitted an order You will receive an acknowledgement it has been received by Us. It does not mean that Your order has been accepted, as We reserve the right to accept or reject any order at Our discretion.

Once You have submitted Your order successfully a contract will come into existence between You and Us. This contract will only relate to the Services confirmed in that particular order. You will therefore be liable to pay the charges for the Services in accordance with the Service Costs section of the Agreement

Orders not submitted through the Website may be accepted where:

  • An Authorised User has no access to internet Services
  • maintenance is being carried out to Our Website and is unavailable

In these cases, orders can be placed by telephoning 0333 987 5076 during business hours or by email to info@letscomply.co.uk

We will endeavour to issue the report to You within 24 hours on receipt of Your order submission. If We receive the request out with Our normal business hours the 24-hour period will commence from the start of Our next business day.

In the event We envisage any report results to take longer than 24 hours We will inform You of this by email.

If, for whatever reason, We are unable to supply You with the Services, We will inform You of this by email and We will not process Your order.

Where there are any disputes as to the submitted order, whether this be an order placed verbally or through the Website, the Order Confirmation shall be deemed as the authoritative order.

Service costs

In consideration of Us providing the Services You must pay Our Service costs. The costs for Our Services are in UK pounds sterling and are inclusive of VAT. We accept payment in UK pounds sterling only.

When making Your order request You are irrevocably agreeing to pay Our Service costs.

The standard costs for Our Services and each initial Report are £18 inclusive of VAT an update to an existing Report is £10 inclusive of VAT and it is including the sum of:

  • Our Services costs for the relevant Services
  • Outlays in obtaining information from third party data providers

If You wish to change or cancel the terms of a submitted order that has been accepted by Us, and We agree to the changes, We will modify Our standard Service costs accordingly.

We shall notify You by email where We are unable to complete the report or where further Services may be required. Where further Services are required, and they are out with the scope of the standard Service costs, where possible We shall provide You with an estimate of the likely overall costs.

Where You have provided Us with incorrect or insufficient information and We are unable to complete the report on the details You provided to Us You must still pay Our Service costs, including any additional costs, in full.

The Service costs do not include any special terms that We may have agreed with You in writing separately such as:

  • Volume discounts
  • Agreed discounts for being part of approved membership bodies/associations

Our Service costs may change from time to time, any changes that are made will not affect any order You have already placed and been accepted by Us.


Your obligations

It is Your responsibility to ensure that:

  • You have all the necessary equipment, internet connection and software required to access Our Website and Services.
  • All Use, activity and charges associated with or arising out of the Use of the Services Using Your registration, authorised User name and/or password or that of any Authorised User registered to Your account has been carried out or authorised by You.
  • You accept that Use of Your Authorised User name and password or that of any Authorised User registered to Your account shall be considered relevant authority for Us to perform the Services and We are entitled to receive payment from You for doing so.
  • You have systems and processes in place to prevent any unauthorised charges or Use by an unauthorised third party
  • On receipt of the Section 3 Report You make reasonable inspections of the results to satisfy Yourself that there are no apparent inaccuracies or defects.

Any interpretations You may make as a result of Your Use of any Section 3 Report are Your own decisions

Payment terms

Invoicing will be monthly, unless We have agreed with You in writing otherwise. The invoice will be sent to You, or made available to You online.  It will detail the Service costs and state the period which it covers and will be a final invoice for that period.

Payment of any invoice is due within 14 days (“the Due Date”) of Our sending the invoice to You and shall be made by online bank transfer direct to Our bank account.

If You do not pay any invoice within 14 days of Our sending it to You, We may suspend and/or terminate Your account until We have received payment in full.

Where any invoice is paid after the due date, whether in whole or in part We will be entitled to interest on the amount of the Service costs outstanding from the due date until the date the payment was received by Us. Interest will be calculated at the rate of 4% above The Royal Bank of Scotland PLC base rate from time to time in force.

You are responsible for the payment of Our invoice in accordance with these terms, regardless of whether You have agreed with any other person that they will bear or indemnify You against all or any part of Our invoice.

You are not entitled for any reason to offset, counterclaim, abate, deduct or withhold payment of any amount due to Us.

If You are a Company or a Limited Liability Partnership, or any other Legal Entity which seeks to limit its liability, failing payment of any Service costs or fees by You for any reason, We shall be entitled to recover any such Service costs or fees from any Director, Company Officer or duly authorised individual jointly or severally, or severally, who is/has been providing instructions on behalf of the Company/Limited Liability Company/Legal Entity.

Termination

We may suspend the Service or ultimately terminate this Agreement and close Your account with immediate effect by giving written notice if:

  • You fail to make a payment of any invoice within the due date;
  • There has been a material breach of these terms by You or You have acted in a manner inconsistent with the spirit of these terms;
  • You cease or threaten to cease to carry on Your business or have been put into liquidation or administration.
  • You are declared bankrupt or are subject to a bankruptcy petition, or You are wound up by court order or are subject to a winding up petition;
  • We believe, in Our reasonable opinion, that You are or are likely to become unable to pay the full terms of any invoice.
  • Your Authorised User information is or becomes untrue, inaccurate, out-of-date or incomplete.
  • In Our discretion, You have been rude, offensive or abusive to any of Our staff or otherwise abuse the Services in any way

If You no longer wish to receive the Services from Us, You may terminate the Agreement at any time by giving Us twenty-eight days written notice.

In the event of termination of the Agreement and Your account being closed, Your entitlement to Use the Services ceases immediately and all costs incurred become payable immediately.

If We note that Your account has been dormant or inactive for more than thirteen consecutive months, We are entitled to disable, suspend or close down Your account. All information within Your account will be removed and deleted by Us.

Data Protection, GDPR and the Right to Privacy

Ensuring We meet all the requirements of Data Protection laws, Let’s Comply is a Data Controller. In Using Our Services and providing Us with Your personal information We will only Use this for providing the Services You have requested, for providing information about the Services which We can provide, updating Our client records, analysis to help Us manage Our Services and for all Our other legal obligations.

The Data Protection laws also provide You with rights, amongst these rights is Your entitlement to be provided with details of all personal information We hold about You. If You consider any information We hold is incorrect or incomplete, please let Us know. Any information We are made aware about and that is found to be incorrect will be rectified.

We have a copy of Our Privacy Policy and Privacy Notice available on Our Website.

From time to time We may send You information which We think might be of interest to You.

If there is any time We are required to instruct others to perform Services on Our behalf it may involve Us passing personal data We hold on You to third parties. This will only be done when it is necessary in connection with the provision of Our Services to You. Prior to transferring any personal information on to third parties We will have initially taken agreement in advance from such third-party Service provider they will comply with Data Protection Laws and they have all the relevant security measures in place.

Intellectual Property Rights

All Intellectual Property rights in or arising out of or in connection with the Services belong to and will remain the property of Let’s Comply Limited.

These terms and conditions do not transfer any rights of ownership of any Intellectual Property rights in the Service to You, or does it constitute a license to Use such Intellectual Property rights other than to the extent expressly set out in this Agreement.

Other than printing or copying the completed Section 3 Report results that have been uploaded to Your authorised User account for Your own record keeping purposes, You will require Our prior written permission if You want to copy, modify, alter, publish, broadcast, distribute, sell or transfer any of Our Services or material on this Website.

Other Important Terms

We may assign Our rights and obligations in these Terms and Conditions to a third party, for example if We sell Our business. If this does happen We will notify You by email. Your rights under these Terms and Conditions will not be affected by any assignation and Our obligations will be transferred to the third party who will remain bound by them.

You may not transfer Your obligations and rights under these Terms and Conditions without Our express written permission.

The contract You have entered is between You and Us and is not intended to benefit any other person or third party in any way therefore no such person or party will be entitled to enforce any provision of these Terms and Conditions.

Force Majeure

We shall not be liable to You if We are unable to perform Our Services as a result of any cause beyond Our reasonable control. In the event of any such occurrence affecting Us We shall notify You as soon as reasonably practicable.

Law of Scotland

The Contract shall be governed by and construed in accordance with the laws of Scotland. Any dispute arising out of or in connection with the Contract shall be subject to the exclusive jurisdiction of the Scottish Courts.

Last Updated: October 2018