Terms & Conditions
Please read these terms and conditions of use carefully. By using our Website you indicate that you accept these terms of use and that you agree to abide by them.
1. Accessing the Website
2. Users and simultaneous logins
3. The Service and Service Fee
4. Cancellation and Refund Policy
5. Fair Use Policy
6. How we use your information
7. Retention Periods
8. Warranties
9. Limitation of Liability
10. Linking to the website
11. Hyperlinks
12. Viruses, hacking and other offences
13. Intellectual Property Rights
14. Variations
15. General
Definitions
In these Terms and Conditions:
Account means the account which is set up when you self-register your details with Appeal Finder, or when an account is set up by us for you at your request, to which you have access at any time by using your email address to log in to the Website and then by clicking on ‘My Account’;
Company and ‘we/ our’ means Howie Associates Limited, trading as AppealFinder, incorporated and registered in England and Wales with company number 04745518 whose registered office is at Lloyds Bank House, Bellingham, Hexham, Northumberland NE48 2AZ;
Customer and ‘you/ your’ means the company or body with legal personality, or if not named then the individual currently named on your Appeal Finder ‘My Account’/ ‘Admin Details’ page;
Paid for Period means the length of time specified on the Service you have chosen, whether a month or a year. The Paid for Period starts on the date the Service Fee is received by us and runs until the same day on the following month or year as appropriate;
Rolling Subscription means the Service Fee is automatically paid on the monthly or annual anniversary of the Paid for period, unless the Service is cancelled by the Customer or fails for other reasons such as the expiry of the credit card or the bank declining the payment;
The Service means the product detailed on your invoice, as chosen by the customer when they clicked ‘Add to Cart’ on the Purchase or Subscribe page, namely a set number of login(s) to the Website on either a monthly or annual Rolling Subscription basis;
The Service Fee means the price detailed for the Service on the Website;
User(s) means any individuals listed under on your Account under Users, namely persons within your Company who have been given individual logins and whose access to the Service is controlled by the individual named on your Account / Admin Details page who is able to edit or delete their Company’s Users as they see fit;
Website means www.appealfinder.co.uk.
1. Accessing the Website
You agree to use this site only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, this site by any third party.
We reserve the right to withdraw or amend the Service we provide without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period.
Your Customer and Users’ log-in details must be treated as confidential, and you and your users must not disclose them to any third party. We have the right to disable any log-ins, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
2. Users and simultaneous logins
Customers may set up as many Users as they wish (or none; there is no obligation to add any Users). The person named on the Account may edit or delete Users on their Account. It is the Customer’s responsibility to manage their Users, for example, by deleting Users who have left your employment, or adding new employees you wish to have access to our Service. Who you choose to give access to the Service for which your Company has paid is entirely up to you.
We will allow simultaneous access to the Service by as many Users as your subscription allows. For example, if your Service is for one login, a second User will either have to wait for the first User to log off (or automatically be logged off after the time-out period you have set) or they may “kick-off” the first User in order to gain access. Similarly, a two “simultaneous logins” subscription will allow two Users to simultaneously access the Service but will require a third User to either wait or kick-off one of the others.
3. The Service and Service Fee
The Service Fee for the selected Service is payable in advance by credit/debit card or BACS. The Company shall be under no obligation to provide the Service until the appropriate fee has been authorised and cleared funds received by us.
The Company shall be entitled to vary the Service Fee at any time, such that if you wish to extend your Paid for Period the current rate displaced on the Website shall apply. If the Service Fee changes, the Customer will be given at least 10 working days advance notice of the change, irrespective of whether the Customer paid by Direct Debit (and is covered by the Direct Debit guarantee) or by Credit Card or BACS.
If the Customer is unhappy with the change in Service Fee, they may exercise their right to cancel the service at any time.
The Service is on a Rolling Subscription basis which usually automatically renews monthly or annually as appropriate. Customers may choose between the following three methods of payment:
1. a Direct Debit managed through GoCardless; or
2. a recurring Credit Card payment through Elavon (for customers from 8/4/2024) or WorldPay (for customers before April 2024); or
3. a direct bank payment through BACS or online banking.
Automatic renewal will fail in the following instances:
• In the case of Elavon and WorldPay credit card handlers, the Rolling Subscription will automatically terminate when the credit card reaches its expiry date. When this occurs, our Service will automatically cease at the end of the Paid for Period unless the Customer chooses to re-subscribe with a new card which is in date;
• for direct bank payments, the subscription will not automatically renew but requires the Customer to re-subscribe at the end of the Paid for Period, if they wish the Service to continue.
If the Rolling Subscription fails, after a grace period of a couple of days we will cease your access to our Service. In such circumstances the Customer may re-commence the Service by simply re-subscribing.
Without prejudice to any other right or remedy that it may have, if the Customer fails to pay the Service Fee on the due date, the Company will cease the Service.
4. Cancellation and Refund Policy
There is no minimum service period and either party may cancel the Service at any time. If you cancel your Rolling Subscription, you will continue to have access until the Paid for Period comes to an end, at which point your access to the Service will be removed automatically.
To cancel your Rolling Subscription simply go into 'My Account' and select 'Cancel' and follow the on-screen instructions. Canceling your Appeal Finder account initiates a merchant-driven cancellation of either your GoCardless Direct Debit agreement, or Elavon or WorldPay recurring credit card agreement.
If you wish to stop the Service immediately and obtain a refund of the remaining unused Paid for Period, you may do so by sending a request in writing by email to info@appealfinder.co.uk or by using the online form on the contact us page. The remaining days of the Paid for Period will be refunded by us on a pro-rata basis. We will refund you through the same account and method you used to pay for the Service at a pro-rata daily rate of any remaining unused part of the Paid for Period. Access to the Service will be stopped immediately. A pro-rata refund will also be made by us if we initiate the cancellation of your Service.
5. Fair Use Policy
You and your Users will comply with our fair use policy. You will:
1. Use the service for the purpose of searching the data and using the results to assist and advise clients, to prepare for planning applications and appeals, for research or for continuing professional development.
2. You and your Users will not use the service for the purposes of aggregating data, building datasets, the stripping of or indexing of the website, or any other purpose that does not meet with the purpose of point 1. above.
3. You and your Users will not undertake more than 50 searches and 50 document downloads per user per day without our prior consent. A request for a higher limit may be made by contacting us via email: info@appealfinder.co.uk.
If you wish to make any use of material on the Website other than that set out above, please email us for our permission.
We reserve our right to suspend access to any Customer or User who we suspect is attempting to abuse this Fair Use Policy.
6. How we use your information
The customer information we store is visible to you on your Account pages on our Website. It consists of your email address, your name, company name if applicable, address, telephone number and your Users’ names and email addresses (if any) and any Purchase Order number you wish to provide. It is your responsibility to keep your address and Users accurate and up-to-date.
We have no access to your passwords as these are stored in an encrypted format. If you utilise our free trial, we provide a randomly generated password in your introductory email.
Customers and Users may change their password at any time by selecting the forgotten password/ reset password link on the Website login page.
We do not hold any Customers’ credit card, debit card or bank details. These are securely stored by the banking partner you choose when making payment, namely GoCardless for direct debit payments, Elavon or Worldpay for credit card payments, or your own bank.
We do not share your information with any third parties apart from our financial partners for the sole purpose of managing your subscription.
In order to maintain your Account, we collect and store the following information: the date your Account was created, the date last accessed, the date any Users last accessed the Service, the i.p. address(es) used, the type and date of all subscriptions (Orders), the date of the Paid for Period, the date access ceases/ceased, the number of months paid and all invoices issued.
The company takes its data protection responsibilities for the information you provide us with very seriously. To find out more about how we use and manage your personal data, please go to our Cookies and customer privacy notice page.
7. Retention Periods
You will need to create an Account in order to use the Service. We will automatically delete Accounts which have not been accessed for 5 years.
The definition of the term ‘accessed’ in this situation means if an Account has not been successfully accessed within a 5 year time period. If a customer attempts to log on unsuccessfully, this will not be deemed as accessing the account and will not affect the 5 year time period.
No personal data previously held on the deleted Account will be retained on the Website database after this timeframe has expired.
Once an Account has been deleted, customers will be able to re-use the same email address and username should they wish to create a new Account.
Customers are able to delete their own Account at any time.
8. Warranties
The Company warrants to the Customer that it is not aware of any third party rights which would or potentially render the use of the Service and any intellectual property in relation to the Service unlawful.
To the extent permitted by applicable law, the Company disclaims all other warranties with respect to the Service, either express or implied, including but not limited to any implied warranties relating to quality, fitness for any particular purpose or ability to achieve a particular result; and makes no warranty that the Results are error free or that the Customer's use of the Service will be uninterrupted and the Customer acknowledges and agrees that the existence of such errors shall not constitute a breach of this Contract; and makes no warranty as to the accuracy of the Appeal Decision Notices provided.
The Customer acknowledges and agrees that any inaccuracies in the Appeal Decision Notices cannot be attributable to the Company and shall not constitute a breach of this Contract.
9. Limitation of Liability
While we endeavour to keep the Website constantly available, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
The information provided on the Website includes links to other websites. We have no control over the nature, content and availability of these other websites, and the inclusion of any link does not necessarily imply a recommendation or endorse the views expressed within them.
All information on or downloadable from the Website does not constitute legal or other professional advice. We make no representations or warranties of any kind about the completeness, accuracy, or suitability of such information. Any reliance you place on such information, including appeal Decision Notices, is therefore a matter for your own judgment and risk. In no event will we be liable for any loss or damage that may arise out of your reliance on such information.
The material displayed on, or downloadable from, the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
10. Linking to the Website
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Website from any website that is not owned by you.
The Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
11. Hyperlinks
The Website may provide hyperlinks to other websites. The Company is not responsible for the availability of such other websites and does not endorse, and is not responsible or liable for any content, products or other materials available on such other websites.
12. Viruses, hacking and other offences
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
13. Intellectual Property Rights
The Customer acknowledges that the Service and the Intellectual Property Rights of whatever nature in the Service including software are and shall remain the property of the Company and furthermore the Intellectual Property Rights cannot be used or copied without the prior written consent of the Company.
The Customer undertakes not to translate, adapt, vary, modify, disassemble, decompile or reverse engineer the Service and the Intellectual Property Rights without the prior written consent of the Company.
The Customer shall notify the Company immediately if the Customer becomes aware of any unauthorised use of the whole or any part of the Service by any person.
The Customer shall not make any admission as to liability, agree to or compromise any claim of any infringement without the prior written consent of the Company. The Customer will give the Company and its third party Data Providers all reasonable assistance in relation to either defending an infringement claim or the prosecution of their rights.
14. Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. If we make a material change that is detrimental to you, we will endeavour to notify you and provide you with the opportunity to cancel your subscription. Continued use of the Website after a change has been made is deemed to be your acceptance of the change. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Website.
15. General
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website. These terms of use are governed by English law.
