Please read carefully the following terms of use ('Terms') for the website whose URL is www.upshoot.co.uk ('Site'). You can print off these Terms, or store them in your computer, for future reference. If you do not wish to accept these Terms, then please do not use the Site.

1. ABOUT US
   
   The Site is provided by Display Architecture Limited ('we/us'), a company incorporated in England and Wales under company number 05192058, whose registered office is at 13 Station Road, London, N3 2SB and whose VAT Registration No. is 854024541.
   
   
2. INTERPRETATION
   
   In these Terms the following definitions are used:
   
   'Agent' means any estate agent who has agreed to subscribe to the Service;
   
   'Property' means a domestic property which an Agent has agreed to sell or has previously sold on behalf of the owner of the property;
   
   'Report' means a report setting out the feasibility of undertaking building work to a Property [together with details of three suitable contractors to undertake such work];
   
   'Service' means the "Upshoot" service, further details of which are available on the 'what's Upshoot' section of the Site.
   
   
3. USE OF THE SITE
   
   (a) The Site provides general information about the Service. Certain sections of the Site are available to Agents only.
   
   (b) We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site with immediate effect if you breach any of these Terms.
   
   (c) We cannot guarantee that the Site will be provided without interruption. Although all reasonable attempts will be made to ensure that the server that makes the Site available is bug and virus free, we cannot provide any guarantee in this respect.
   
   
4. INTELLECTUAL PROPERTY RIGHTS
   
   (a) The Site and its contents are protected by intellectual property rights including copyright, as detailed in our Copyright Notice. We reserve our rights in such intellectual property.
   
   (b) Except as expressly permitted by these Terms or as otherwise agreed with us, you may not copy, disseminate, or download any content of the Site.
   
   (c) If you breach any of these Terms, your right to use the Site will cease immediately.
   
   
5. OUR LIABILITY
   
   (a) The Site is provided on an "as is" and "as available" basis and we do not guarantee that the Site will meet your expectations or requirements. If your computer equipment does not support relevant technology, including encryption, you may not be able to use certain services or access certain information on the Site. Where messaging services are available on the Site, we will not be responsible for any failure of electronic messages or images (whether via the internet or SMS) sent through the Site to reach your intended recipient.
   (b) The Site is accessed via the World Wide Web which is independent of us. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. We do not represent that the Site is appropriate or available for use in any jurisdiction other than the United Kingdom. We shall have no responsibility for any information or service obtained by you on the World Wide Web.
   
   (c) The content on the Site has been compiled from a variety of sources and is subject to change without notice. We have taken reasonable care in compiling and presenting the content of the Site to ensure that the information supplied on the Site is accurate. However, we cannot guarantee that all information will be free from errors, omissions or inaccuracies.
   
   (d) We shall not under any circumstances be liable for any unforeseeable loss or any business loss, including loss of profit, which results from the use of, or the inability to use, the Site.
   
   (e) Nothing contained in these Terms is intended to limit or exclude any liability for death or personal injury arising from negligence, or for fraudulent misrepresentation or any other liability which may not be excluded by law.
   
   
6. PRIVACY POLICY
   
   (a) The Site is a UK-based website and we take reasonable care to comply with the requirements of the UK Data Protection Act 1998 ('the Act') relating to the personal information you supply on the Site.
   
   (b) For the purpose of the Act, the data controller is Display Architecture Limited, whose registered office is at 13 Station Road, London, N3 2SB.
   
   (c) The information we may gather about you may include your name, address, email address and telephone number ('Information'). Except as set out below, we will not sell, distribute or disclose your information without your consent or unless required or permitted to do so by law.
   
   (d) If any of your Information changes or you wish to change any of the basic information we keep about you, please notify us at the email address given on the Contact Us page on the Site.
   
   (e) We may use your Information to notify you by email about important functionality changes and alterations to the Site, and to provide you with information about our own products and/or services which are similar to those we provide on the Site. We may also use your Information, or permit selected third parties to use your Information, to contact you about goods and services which may be of interest to you, where you have given us permission to do so. If you do not wish to receive any such communications from us or third parties, you may opt out by notifying us at the email address given in the Contact Us page on the Site.
   
   (f) We may offer you the opportunity to sign up to a mailing list and/or newsletter, to participate in a survey or a competition, or to receive information by email about third parties' products and services, or any other products and services which we provide. If you sign up for any of these and subsequently change your mind, you may opt out by notifying us at the email address given in the Contact Us page on the Site.
   
   (g) If Display Architecture Limited or substantially all of its assets are acquired by a third party, personal data held by it about its customers may be one of the transferred assets.
   
   
7. LINKS TO THIRD PARTIES' SITES
   
   (a) We may provide links to other websites. Selecting any of these links will direct you to a website that is not related in any way to us. We take no responsibility for the content contained on any such website and the link to these other websites does not imply an endorsement or recommendation of the website, its products or services.
   
   (b) Before supplying any personal information to any other website, we recommend that you check that website's Privacy Policy. We do not accept responsibility for the protection of any data supplied to other sites.
   
   
8. COOKIES
   
   We may use cookies to monitor how you are using the Site, as these will help us make improvements for the future. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies, but if you do so parts of the Site may not work correctly. Information about your computer such as your IP address, operating system and browser type may also be used to examine usage trends, but this will not allow for any personal identification.
   
   
9. INTERNET
   
   The Site uses a security system that protects your Information from unauthorised use. However, as no data transmissions over the Internet can be guaranteed to be 100% secure, we cannot take responsibility for any unauthorised access or loss of personal information that is beyond our control. Please remember that other methods of Internet communication, such as emails and messages sent via a website, are not secure unless they are encrypted. We take no responsibility for any unauthorised access or loss of personal information that is beyond our control.
   
   
10. GENERAL INFORMATION
    
    (a) These Terms and the relationship between you and us shall be governed by English law and the English courts shall have non-exclusive jurisdiction over any dispute.
    
    (b) We reserve the right to change any of these Terms from time to time without prior notice, such changes becoming effective immediately upon posting to the Site and by continuing to use the Site, you will be deemed to accept any such changes.
    
    
11. FURTHER INFORMATION
    
    If you have any queries or complaints regarding the Site, please Contact Us at the postal or email address given in the Contact Us page on the Site.
    
    

Last updated: 12th September 2007.