Terms

Please read our Terms of Use. They may have been amended since your last visit to our site. By continuing to use our site you agree to our Terms of Use. If you do not agree to our Terms, please do not visit our site.

Your attention is particularly drawn to the paragraphs below headed “Accuracy of the content of our site” and “our liability”.

Purpose of Our Terms of Use

Our Terms of Use, together with any documents referred to in them, set out the terms on which you may make use of www.yield-calculator.co.uk,

www.propyield.co.uk and/or www.propyield.com (each of which being our site and the Terms of Use apply to each and every oneof our sites).

We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to make notice of any changes we made, as they are binding on you.

Information About Us

Our site is provided by PropYield Limited (we, us and our) registered in England andWales with our registered office at 45-49 Greek Street, Stockport, SK3 8AX.Our registered company number is 08227146 and our VAT number is [ ]

Your Privacy and Personal Information

Our Privacy Policy [INSERT LINK TO PRIVACY POLICY] sets out what personal data and other information we collect about you and how it will be used. You agree that any personal information you provide to us, whether through our site or otherwise, will be accurate and up to date when you give it to us.

Yield Calculator

Our site contains an interactive tool called a yield calculator which is designed to calculate certain indicative estimates of property yields, annual rents, fees, interest rates, loans to values and an explanatory note on these fields and values which might be achieved or the goals sought on investment property (the Calculator). When certain requested data is inputted by you into the Calculator it will generate certain financial results being indicative estimates of the fields searched (Results).

Access to Our Site

We grant you access to our site on a temporary basis.

There are certain functions of our site you can only access if you are a registered user. To find out more please refer to the page marked “register” below. We grant you access to our site and the Calculator on a temporary basis.

We provide you access to our site free of charge. We may change the arrangements for access to, deny access to, close or suspend our site or any part of our site, at any time, for any period of time, for any reason, without telling you beforehand. We may terminate user accounts immediately at any time, which may be without giving you any notice.

We may amend all of any part of our site at any time without telling you beforehand.

We do not guarantee uninterrupted and/or reliable access to our site, accounts or the Calculator and make no guarantees as to its operation, functionality or otherwise.

You are responsible for making all arrangements necessary for you to have access to our site.

You are responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and other applicable terms and conditions and that they comply with them.

Our site is directed to people residing in the United Kingdom and seeking to acquire property within the United Kingdom. We do not represent that content available on our site is appropriate or available in the UK or in any other locations.

Setting up a User Account

You can register for a user account through which you can manage your saved searchresults, share and print and email the Results. You may access parts of our site without registering and obtain Results.

The provision of the ability to use the Calculator and access your account we will call the “service”. Users will be granted a personal, non-exclusive, non-transferable, royalty free licence to access and use the service subject to ongoing compliance with these Terms of Use. In order for you to access the service you must first register for an account. To do so you must:

  • complete all mandatory fields contained on the register/sign up page

  • confirm your agreement to our site Terms of Use.

We reserve the right to not accept your registration for any reason.

Personal information and Passwords

You must ensure that all the personal information you provide in relation to your account, profile and contact details are correct, accurate and up to date. Once registered you can amend your details at any time by going to the ‘my results’ page.

We will confirm acceptance of your registration by sending you an email to the email address you have provided to us. We will provide you with a username and password. You will then need to follow the link provided to authenticate the account creation.

You must keep your user name and password confidential and not give them to anyone else. Yu must contact us immediately if you believe that someone knows your user identification code or password or if you believe the security of your account has been compromised.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

Closing your Account

If you want to cancel your account you can do this at any time by going to the ‘my account’ page. When cancellation is triggered, this will be confirmed via email from us.

We will as part of the operation of the site collect information forming part of the Results such as financial values used in any calculations, appraisals, emails or saved documents.

We will not unless it is reasonably necessary to safeguard other users of the site, or where you are or are suspected to be in breach of these terms of use; or it is necessary to ensure the continued operation of the site; or where there is a system malfunction; or for any other reason considered reasonably necessary by us (Legitimately Necessary) monitor the exact content of financial values arising in the Results; or view any information in relation to the location, size or type of asset

that has been analysed whether saved or not (either of which shall be Monitoring of the Results).

Where it is Legitimately Necessary to carry out Monitoring of the Results we shall not disclose the Results unless in accordance with our privacy policy save where necessary to do so by law.

Protection of the Content of Our Site

We are the owner or the licensee of all intellectual property rights and data in our site and in material published on it, including the “look and feel” of our site and of the Calculator. These rights are protected by laws and treaties around the world including, but not limited to copyright, design rights, database rights and trade mark laws.

PropYield and Yield Calculator are unregistered trade marks of PropYield Limited. PropYield is registered as a trademark under Community Trademark Number EU011488111. Except where permitted by applicable law, these Terms of Use, or otherwise set out on our site, you may not use such trademarks without our consent.

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

Accuracy of the Content of Our Site

We may update our site from time to time and may change the content or the functionality at any time. Please note the information contained on our site may at any given time be incorrect, incomplete or out of date and we do not guarantee that our site or any part of it or the content contained on it are free from errors or omissions.. We are not obliged to keep our site content accurate, complete or up to date and give no warranty nor make any representation, express of implied, as to the adequacy or appropriateness of our site.

The Calculator is intended to be a guide as to the financial data it can generate (having regard to the level of data input into the Calculator), and the Results are published without any guarantees, conditions or warranties as to their accuracy or completeness. Figures provided by the Calculator are for guidance only, are generated from the information that you insert and are not intended to be accurate, complete or up to date.

The content of our site and/or the Results are not intended to amount to professional advice or any other type of advice on which reliance should be placed. Any figures should not be relied upon for valuation, lending or any other purposes. The Calculator’s results may contain technical inaccuracies or typographical errors. You are responsible for carrying out your own calculations and/or verifying the accuracy of any results from the Calculator and/or seeking specialist professional advice before entering into any investment decision, or taking or refraining from taking any action on the basis of the content of our site, the Calculator or the Results.

Without limitation to the generality of the preceding paragraph, you must take the advice of a suitably qualified surveyor or valuer and other financial and legal advisors (Professional Advice) before proceeding with any type of acquisition of any type of property, land or building (Acquisition) and must not rely on any part of our site or any results generated by the Calculator in any way in making, or refraining from making, any Acquisition. The Calculator is not a substitute for Professional Advice and you are urged to carry out your own due diligence in relation to an Acquisition and obtain Professional Advice on each and every Acquisition you wish to make or every potential Acquisition you decide not to make.

We shall not be liable for your use of our site, for results generated from your use of the Calculator, or for any advice given to a third party based your use of our site and/or the Calculator.

What You Can and Cannot Do With Our Site

What You Can Do with Our Site

You may use our site only for lawful purposes in accordance with these terms of use.

You may download/save and print the Results, an unlimited number of times for your personal or business reference purposes.

You may ask our site to email you a copy of the Results. The Results will be emailed in pdf format and must not be altered amended or changed in any way. You must not modify the paper or digital copies of any materials you have printed off, downloaded or receipted on email and you must not use any of the Results separately from any accompanying text.

You may upload attachments to any of your Results which can be saved in your “My Account” page and which can be emailed with the Results. The uploading of any such attachments must not breach any of these terms.

You must ensure you maintain duplicate copy of any such attachments you upload and any Result. We give no guarantee that these will be available in the future.

What You Cannot Do With Our Site

You must not use any illustrations, photographs, video or audio sequences or any graphics from our site separately from any accompanying text. You must not remove any indications of ownership from any material which came from our site. Where there are no indications of ownership you must acknowledge our status (and that of any identified contributors) as the authors of the material and must not claim it as your own or as that of another.

You must not post any copies or downloads of materials which come from our site on any networked computer, or publish them or make any statements or undertake any actions in relation to them (including as to their accuracy) which could result in liability for us.

You must not:

  • use the whole or part of our site or its content for any commercial or money-making purpose without having our written consent to do so beforehand (which may be subject to a formal licence and licence fee);

  • access, or attempt to access, parts of our site that are not intended for public use (including but not limited to other users’ accounts or site administration areas);

  • modify, adapt or reverse engineer any aspect of our site;

  • do anything which places an unreasonably large load on our site or its supporting IT systems;

  • use our site to send junk email, spam, chain letters or other unsolicited messages;

  • attempt to disrupt or interfere with our site in any way or with another person's use of our site or use our site as a means of disrupting or interfering with websites or networks;

  • probe, scan or test the vulnerability of our site or any network connected to it;

  • use our site to be threatening, abusive or to invade another's privacy including obtaining any personal data through our site, or cause annoyance, inconvenience or needless anxiety or to harass, upset or annoy any other person;

  • wilfully corrupt any data, documents or material available through our site;

  • insert or knowingly or recklessly transmit or distribute a virus into our network and computer systems so as to cause harm to our site, us or other users or which is likely to bring our site and/or service or us into disrepute;

  • reproduce, duplicate, copy or re-sell any part of or access to our site in contravention of the provisions of these Terms of Use;

  • link to our site, nor frame our site on any other site;

  • impersonate any person, or entity or misrepresent your affiliation with any person or entity;

  • use our site to promote any illegal activity or breach any legal duty owed to a third party;

  • access without authority, interfere with, damage or disrupt any equipment, network or software on which our site is stored or accessed or which is used by our site;

  • upload or attempt to upload any content to our site unless it legitimately and properly relates to a Result and at all times complies with these Terms of Use;

  • assist, encourage or permit any other person to do any of the acts described above;

All the above are forbidden regardless of the means used, including but not limited to, hacking or by the introduction of any worms, trojans, virus, unauthorised, malicious or harmful code or other harmful software (viruses). You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or databased connected to our site. You must not attach our sire via a denial-of-service attack or a distributed denial-of-service attack. Some of the acts described above may be criminal acts 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 our site will cease immediately.

Computer Viruses

We use reasonable efforts to ensure that our site is free of viruses or other technologically harmful materials that may infect your computer, computer programs, data or other items however, we cannot and do not guarantee that it is. It is your responsibility to protect your computer against viruses and other harmful materials, and ensure that you log off shared computers after using our site.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

Breach of these Terms of Use

When a breach of the Terms of Use has occurred, we may take such action as we consider appropriate in the circumstances, including, but not limited to the following:

  • 1.closure of our site;
  • 2.immediate, temporary or permanent withdrawal of your right to use our site;
  • 3.issue of a warning to you;
  • 4.take legal proceedings against you for reimbursement of all costs on an
  • indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from your actions;
  • 5.require that you return or destroy copies of materials you have made in
  • breach of our Terms of Use; and/or
  • 6.disclosure of such information to law enforcement authorities as we
  • reasonably feel is necessary.

Linking and Links to Other Websites

Links to Our Site

You may not create a link to any page on our site without obtaining our prior consent. Should you wish to create a link please contact us at 45-49 Greek Street, Stockport, SK3 8AX. You may save one short cut desktop link on your computer to the site homepage www.propyield.co.uk and/or www.propyield.com

Links to Other Websites

Our site may from time to time contain links to websites of advertisers, affiliates, associates and/partners and websites we feel may be of interest to you. Such links are provided for your convenience only and are not endorsed by us. Such websites are not under our control and we are not responsible for their content. Queries about such websites should be directed to their operators. Please check the websites’ terms and conditions before you use them.

Important: We are not regulated by the FSA, nor are we authorised to provide any financial advice. Whilst we may provide links to third party providers of finance, we are not suggesting that finance will definitely be made available, nor that finance should be considered. The granting of finance will be based on the third parties standard due diligence in all circumstances and we shall have no influence in that decision. You must take your own independent specialist and professional advice in relation to any link to a third party provider of finance and we shall have no liability to you whatsoever if you follow a link. You must verify and carry out your own due diligence on any provider of third party finance.

Third Party Services

Our site may from time to time contain third party live feeds and services such as Google Maps. Such third parties are not under our control and their services are provided for your convenience only. Queries about third party services should be directed to their operators, please check the relevant applicable terms and conditions before you use them.

Our Liability

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

If you are a consumer (that is you are using our site for personal reasons rather than for a business reason) please read this section as it applies to you.

If you are a consumer we will provide our site with reasonable care and skill and we are responsible to you for any loss or damage that you suffer:

  • as a result of our negligence, or the negligence of our employees, agents or subcontractors; and

  • which relates to any statements made by our employees, agents or subcontractors which are not true statements of fact and which are made with fraudulent intent or which are misleading or untrue and have been made negligently.

  • as a result of an act or failure to act which is not listed below.

Nothing in these Terms of Use limits our liability for death or personal injury arising from our negligence, nor our liability for fraud, fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

If you are not a consumer (that is you are using our site for business reasons rather than for personal reasons) please read this section as it applies to you.

    If you are not a consumer to the extent permitted by law, we hereby expressly exclude:
  • 7.all conditions, warranties and other terms which might otherwise be
  • implied by statute, common law, course of dealing or the law of equity;
  • 8.any liability for any indirect, special and consequential loss or damage,
  • whether arising in contract, tort (including, but not limited to negligence) and/or breach of statutory duty or otherwise, incurred in connection with our site or in connection with the use, inability to use, or access our site, or following a failure, suspension or withdrawal of all or any part of our site, or results of the use of our site, any websites linked to it and any materials posted on it;
  • 9.any liability, whether arising in contract, tort (including, without
  • limitation, negligence) and/or breach of statutory duty or otherwise, for:

    • loss or damage to any software and/or hardware;

    • loss of income or revenue;

    • loss of business;

    • loss of profits or contracts;

    • loss of anticipated savings;

    • loss, damage or corruption of data;

    • loss of or damage to goodwill;

    • wasted management or office time;

suffered or incurred by you or any other person in connection with our site or any part of it and access or inability to access our site or its content, any reliance placed upon the whole or any part of or site or its content.

Subject to the paragraph below, our maximum aggregate liability to non consumers, whether arising in contract, tort (including, but not limited to negligence) and/or breach of statutory duty or otherwise shall be limited to £2,000.

Nothing in these Terms of Use limits our liability for death or personal injury arising from our negligence, nor our liability for fraud, fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

General

You agree that financial compensation alone may not be adequate for us if there is a breach or threatened breach of our Terms of Use and that we are entitled to seek all remedies available to us (including, but not limited to, injunctions and requiring you to do certain things), for example to stop you using our site in breach of our Terms of Use.

  • Each right or remedy of you and us in respect of these Terms of Use shall
  • not affect any other right or remedy of you or us whether under these Terms of Use or not.
  • If any provision of these Terms of Use is found by any court or
  • administrative body to be unenforceable that provision shall not be a part of these Terms of Use and the remaining provisions shall continue to apply.
  • Neither we nor you will be responsible if we are unable to perform our
  • obligations under the contract due to events which are genuinely beyond your or our reasonable control (as applicable).
  • Nothing under the contract shall give rights to any person who is not a
  • party to it (whether under the Contracts (Rights of Third Parties) Act 1999) or otherwise.
  • If you are a consumer (that is you are using our site for personalreasons rather than for a business reason) please read this section as it applies to you.
  • If you are a consumer
  • all aspects of the contract formed in respect of your use of our site shall be governed by English law and the parties agree to the non-exclusive jurisdiction of the English courts as far as possible. In some circumstances the laws where you live may apply and the courts where you live may have jurisdiction.
  • If you are not a consumer (that is you are using our site for businessreasons rather than for personal reasons) please read this section as it applies to you.
  • If you are not a consumer
  • the formation, existence, construction, performance, validity and all aspects of the contract formed in respect of your use of our site shall be governed by the laws of England and Wales and we and you submit to the non-exclusive jurisdiction of the courts of England and Wales.
  • If you are not a consumer
  • any waiver by us of any breach of, or any default under, any part of our Terms of Use by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the contract unless it is expressly confirmed in writing by us.

If you are not a consumer our Terms of Use and Service Terms and Conditions constitute the whole agreement between you and us and supersedes all previous agreements between you and us relating to its subject matter. You acknowledge that, in entering into the contract, you have not relied on, and, subject to the last paragraph of the "Our Liability" section in relation to non-consumers, shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms of Use.

Changes to our Terms of Use

We reserve the right to change our Terms of Use at any time. When we make changes, we shall update the version number of the policy and publish the latest Terms of Use on our site.

Version 1 July 2015