Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR OUR SERVICES

WHAT’S IN THESE TERMS?

These terms are an agreement between you and POROS that describe the rules for using our website http://www.poros.co.uk (our “Site”) and the Terms and Conditions on which we provide the Services offered to you on our Site.

DEFINITIONS WE USE

‘You’, ‘your’ and ‘yours’ means the person(s) accessing the Site.
‘Customer’ means you, if you have purchased the Services from our Site or have agreed to participate in a Trial.
‘End User’ means any permitted users of the Services who are employees of your company.
‘Intellectual Property’ means copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
‘POROS’, we’, ‘us’ and ‘our’ mean POROS-SDLT Limited.
‘Material’ means any information, data, text, graphics, links, programming code or other material published, contained or available on the website.
‘Terms and Conditions’ means the Terms and Conditions that govern your use of our Services. These Terms and Conditions constitute a legally binding contract between you and POROS.
‘Services’ means any Service we provide to you on our Site, including the provision of a number of SDLT calculators.
‘SDLT’ means Stamp Duty Land Tax

WHO WE ARE AND HOW TO CONTACT US

http://poros.co.uk is a site operated by us.
We are POROS-SDLT Limited, a company limited by shares registered under number 10474654 in England and Wales with its registered offices at 99 High Street, Worcester WR1 2HW.
Our principle means of communication with you will be mainly electronic. We will contact you by email or provide you with information by posting notice on our Site. This does not affect your statutory rights.
To contact us, please submit an enquiry using the ‘Contact Us’ section on our Site.

OUR WEBSITE’S TERMS

You acknowledge and agree that by browsing or using our Site or using the Services offered by us on our Site, you confirm that you accept and are bound by these Terms and Conditions and that you shall comply with them.
If you do not agree to these terms, you must immediately stop using our Site or Services, until such time as you agree to them.
We recommend that you print a copy of these Terms and Conditions for future reference.
We reserve the right to change these Terms and Conditions at any time. Please check back regularly because the amended Terms and Conditions will apply to your continued use of our Site. Certain provisions may be extended or superseded by expressly designated legal notices or terms located on particular pages of our Site.
We reserve the right to, at our sole discretion, determine if you have violated any of the Terms and Conditions of this agreement, and to take any action we deem to be appropriate including but not limited to the suspension or termination of our Services.

OUR SITE’S AVAILABILITY

Our Services can be purchased from our Site in accordance with these Terms and Conditions.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We cannot guarantee the Site or the information it contains complies with or is appropriate for use in other countries, including in respect of Scottish and Welsh land transactions.
We may suspend or restrict access to our Services at any time to allow us or our suppliers to carry out essential updating, maintenance and repairs of our Services. We shall endeavour to provide you with reasonable advance notice of such suspension or restriction in access and to restore access to any of our Services as soon as possible.

TRIAL PERIOD

You may be offered a trial period whereby, for an agreed period, you will be able to use the Services without payment (a “Trial”). POROS reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
At the end of the Trial, if you decide not to continue using our Services we will delete your account and you will cease to have access to any calculations entered into the Site.

TRANSACTIONS

You will need a POROS account (“Account”) in order to use the Services with us on our Site. You may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of our Site.
Payment will be processed through Stripe, you will only need to input your payment details (“Payment Method”) once.

BILLING

If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your Account, we may suspend your access to the Services until we have obtained a valid Payment Method. When you update your Payment Method, you authorise us to continue charging the updated Payment Method, and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For some Payment Methods, the issuer of your Payment Method may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
You may terminate your use of the Services at any time. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any Services that have been purchased.
We may change the price of our Services from time to time; however, any price changes or changes to our Services will apply to you no earlier than 30 days following notice to you.
If full payment of any applicable fees are not made, without prejudice to any rights or remedies otherwise available, we reserve (a) the right to charge interest on the outstanding balance of all overdue sums at the rate of 3% per annum above the current base rate at HSBC or the maximum interest rate permitted by law, whichever is the greater and (b) to suspend or withdraw access to any further use of our Services.

THE MATERIAL WE POST

Material on our Site and provided to you as part of our Services is provided ‘as is’ and for information purposes only. Whilst every care is taken in compiling the information on our Site we do not make any warranties or representations as to its accuracy or reliability. We reserve the right to make changes to the Material on our Site at any time without notice.
All information and reports provided to you as part of the Services, is created by our software based on information you input and our Site. We cannot guarantee that any report of information generated by us as part of our Services is 100% accurate. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the reports or information provided by us as part of the Services.
The content on our Site is provided for general information only. It is not intended to amount to legal advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
Certain information on our Site may contain typographical or other errors or be out of date, and we make no commitment to update such information. We and any third parties referred to on our Site assume no responsibility for how you use the Material provided through our Site.

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all Intellectual Property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off multiple copies, and may download extracts, of any page(s) from our Site and you may draw the attention of others within your organisation to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us.
If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

HOW YOU MAY USE OUR SERVICES

On purchasing the Services or entering into the Trial, we will grant to you a non-exclusive, non-transferable, limited licence to access and use the services in accordance with these Terms and Conditions.
You and your permitted End Users may:

View data (or parts thereof) on screen;
reproduce (whether in print or electronic form) extracts for internal use;
supply (whether in print or electronic form) extracts to third parties if such third parties agree not to further distribute the same;
download extracts to a storage device under the exclusive control of the Customer and temporarily store the same in order to carry out the above functions;

Except as expressly permitted by this agreement, or by applicable law, or with our prior written permission you may not do the following:

copy, download, store, publish, transmit, transfer, sub-licence, distribute, sell or otherwise use any data in any form or by any means;
re-use, reproduce, decompile, reverse engineer, disassemble, attempt to discern the source code of any of the Services;
modify or make any alterations, additions or amendments to any data;
create derivative works from any data; or
sell, licence or distribute any data to third parties or use any data as a component of or as a basis for any material offered for sale, licence or distribution.

You shall undertake to use reasonable endeavours to ensure that none of the Services shall be accessed or used by third parties other than those entitled to do so by virtue of these Terms and Conditions.

OUR TRADE MARKS

We own all the goodwill and reputation in our trade marks, get up and branding. You are not permitted to use them without our approval.
“POROS” and the POROS logo are UK registered trade marks of POROS. You are not permitted to use them without our approval.

OUR LIABILITY TO YOU

We are not liable for any amount or kind of loss or damage that may result to you or a third party including without limitation any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, whether in tort, contract or otherwise (including without limitation negligence) in connection with: your use, reliance on, inability to use or the results of use of our Site, any websites linked to our Site or the material on such websites; or any amount or kind of loss or damage including without limitation any loss or damage due to viruses that may infect your computer equipment, software, data, or other property on account of your access to, use of, or browsing our Site or your downloading of any Material from our Site or any websites linked to our Site.
In so far as we are able we exclude all liability for all direct, indirect, punitive or consequential loss or damage which arises out of or in connection with the use of our Site.
Nothing in these Terms and Conditions shall exclude or limit liability for death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977), fraud, or misrepresentation as to a fundamental matter.
If your use of our Site results in the need for servicing, repair or correction of your equipment, software or data, you assume all costs of this.

OUR LINKS TO OTHER SITES

Where we provide links to other websites, we do so for information purposes only. We are not responsible for the content of any other websites or pages linking to or from our Site. We have not verified the content of any such websites and links to other websites do not imply any endorsement of the materials on those websites. We have no control over the content of those sites or resources and liability for them.
If you choose to follow links to other websites, you do so at your own risk. It is your responsibility to take all protective measures to guard against viruses or other destructive elements.

YOUR LINKS TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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 our Site in any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the terms set out in your use of our Site below.

YOUR USE OF OUR SITE

You agree that you will not use the Site or the information or Services available from them for, or to further any unlawful purpose.
By creating an Account, you confirm that any registration information that you submit to us is true, accurate, and complete and that you will update such information in order to keep it current. You also acknowledge and agree that POROS may remove or reclaim your username at any time if we in our absolute discretion consider such action appropriate.
You confirm that you have the requisite level of expertise in order to properly use the Services.
You may not upload, post email transmit or otherwise make available any content that:

Is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable or harmful to another party;
Infringes any patent, trade mark, trade secret, copyright, or other intellectual property right of another party;
Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Consists of forged or manipulated information that disguises the true origin of any content You provide; or
Impersonates another person or entity, including, but not limited to, a POROS employee or falsely states or otherwise misrepresents Your affiliation with a person or entity.

You may not collect or store personal data about other users in connection with any prohibited conduct and activities;
You may not use the Site in any manner that could damage, disable, overburden, or impair any of our server, or network(s) connections; disobey any requirements, procedures, policies, or regulations of networks connected to our Site; or interfere with any other party’s use and enjoyment of the our Site;
You may not attempt to gain unauthorised access to any of our Site content, other accounts, computer systems, or networks connected to any our servers through hacking, password mining, scraping, or by any other means to obtain any materials or information not intentionally made available on the our Site;

YOUR LOGIN DETAILS AND PASSWORD

When you register to use our Site you will be asked to choose a password (“User Details”) as part of our security procedures. You must treat such information as confidential and must not disclose it or share it with any third party. Please note that you will be responsible for activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us immediately.
Access to any Services will be given as soon as reasonably practical after provision of the User Details (as the case may be) to POROS.
Where incomplete and/or inaccurate User Details (as the case may be) are provided by the Customer, POROS shall not be liable for any delay or failure to set up access to any Services for the Customer.
We have the right to disable any 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.
If you know or suspect that anyone other than you knows your User Details, you must promptly notify us.
You agree to indemnify POROS against any use of our Services in breach of these Terms and Conditions (unless prior written consent of POROS is obtained), including use by a third party where a Customer or its End Users has allowed or facilitated access to any Services or any part of it.

DATA PROTECTION

Any personal data or other information we collect, or you give to us through your use of the Site or Services shall be processed in accordance with our Privacy Policy.

VIRUSES AND OUR SITE

We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site 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 our Site will cease immediately.

USE OF COOKIES

We use cookies to distinguish you from other users of our Site. This helps us to provide you with a good experience when you browse our Site and also allows us to improve our site. By continuing to browse the Site, you are agreeing to our use of cookies.

WHICH COUNTRY’S LAWS ARE APPLICABLE?

These Terms and Conditions (and any non-contractual disputes or claims) are governed by English law. You agree to use the exclusive jurisdiction of the courts of England and Wales.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our Site:

Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.