Terms & Conditions

General Terms and Conditions for On-line Purchases

Information for End-Users

The Distance Selling Regulations 2000 were implemented to protect End-Users who enter into contracts with suppliers at a distance, where there is no face to face contact such as by post, telephone or over the internet. As a supplier under a distance contract we are obliged to provide you, as the End-User, with certain information about us and the services and products which we provide in this way. This information is set out below and we hope that it, in conjunction with the information pages will answer all your queries. If you have any further queries, please contact us using the contact details below, clearly stating the nature of your query and your details.

1. Applicable Conditions

• These Terms and Conditions should be read in conjunction with the "Information Pages" and together make up the Terms and Conditions under which the goods/services shall be supplied ("the conditions").

2. Definitions

• "Suppliers":
• Health Protection Agency (HPA), Radiation Protection Division. Chilton, Didcot, Oxon OX11 0RQ
• Telephone Number: +44 (0)1235 831600
• Fax Number: +44 (0)1235 833891
• E-mail: hpa@hpa.org.uk
• And
• Natural Environment Research Council whose administrative office is at:
• Polaris House, North Star venue, Swindon, SN2 1EU (NERC)
• Represented by its component body the British Geological Survey (BGS) at:
• Kingsley Dunham Centre, Keyworth, Nottingham NG12 5GG
• "End-User": means a person or organisation who purchases or acquires any Radon Product.
• "Services:" The provision of a Radon Risk Report.
• "Radon Product": The Radon Risk Report.

3. Variations

• These conditions may only be varied by agreement in writing by the Supplier HPA.

4. Delivery

• This Radon Product will be available online only. The End-User may print the Radon Product, and save it on your hard disk.

5. Payment and Prices

• a) Payment is required in advance using an approved payment method/card
• b) Prices will be as stated on our website
• c) Prices are reviewed annually and new prices are effective from 1 April each year
• d) Any credits purchased are valid indefinitely

6. Description of Goods/Services

• HPA provides many services in relation to radiological protection but this on-line service relates to the provision of an estimate of the probability of a particular house exceeding the current radon Action Level, and is called a Radon Risk Report or Radon Product for the purposes of these terms and conditions. The Radon Product cannot be used for any surrounding premises.

7. Obligations on End-Users

• 7.1 The End-User must take all reasonable steps to check that the details that it provides when ordering the Radon Product are complete and correct and that the Radon Product has been prepared for the correct location and property type;

• 7.2 The End-User acknowledges that the Radon Product is for his/her use only and that he/she may not copy or distribute the Radon Product to third parties other than to the owners or prospective owners of the property to which the Radon Product relates ("the property") or to their professional advisers or to anyone providing funding for purchase of the property (and their advisers);

• 7.3 The End-User will not:
• 7.3.1 remove, obliterate or alter any trade mark or copyright or other proprietary notice which is contained in the Radon Product;
• 7.3.2 reformet or otherwise change, add to or enhance the Radon Product or combine it with or incorporate it into any other information, data or materials; or
• 7.3.3 create any product which is derived directly or indirectly from the data contained in the Radon Product; or
• 7.3.4 resell the Radon Product (other than in the case of a bona fide legal adviser recharging the cost of the Radon Product as a disbursement) unless this has been specifically authorised in writing by the suppliers.

8. Intellectual Property Rights (IPR)

• The copyright and all other intellectual property rights in the Radon Product and all material used to generate the Radon Product will remain the property of the Suppliers or other third parties (as appropriate). The End-User will not acquire any rights in respect of the Radon Product other than as expressely provided in these terms. The End-User shall respect and protect the supplier's IPR at all times.

9. Extent of Reliance

• 9.1 The Radon Product has been prepared for use by the End-User and should not be relied on by any other person (other than a joint owner of the Property).
• 9.2 The result in the Radon Product will stay the same unitl the suppliers use a new version of the Joint Dataset. The Radon Product is based on the 2007 Joint Data set. It is only intended to issue a new version of the Joint Datasets every few years. It is envisaged that any release of a new version would be published on the appropriate websites in advance.
• 9.3 The Radon Product gives an indication of the radon susceptibility at the Property. An assessment of the radon levels can only be made through measurement within the property. The Radon Producy DOES NOT therefore:
• 9.3.1 include any information or warranty relating to the radon levels within the property or the actual state, or the structural or other condition, of the Property;
• 9.3.2 determine the saleability or value, or the safety, of the Property;
• 9.3.3 indicate the suitability of any property for any particular purpose (including, without limitation, its suitability for development within the meaning of section 55 of the Town and Country Planning Act 1990 as amended) or any building or extension work; or
• 9.3.4 act as a substitute for physical inspection of and/or measurements taken at the Property.
• 9.4 The Property has been located based on Ordnance Survey ("OS") mapping. The Suppliers do not warrant that the OS information is complete or accurate and accept no liability for the plotted version of the property as shown on OS maps.Further, the relative position between surface features and geological features may differ betwen OS maps and the Suppliers' maps used to prepare the Radon Product, depending upon when the Suppliers' maps were prepared.
• 9.5 This grid reference defining the location this property is provided by Postcode Anywhere, and is based on the OS AddressPoint database. You should be aware that a small percentage of grid reference locations within this database have some uncertainty in their position. You are, therefore, always recommended to check the grid reference used for your Radon Product, for example, by locating the property on a detailed map. If you are in any doubt as to its accuracy, you should contact HPA.

10. Cancellation and Refunds

• Once a Radon Product has been paid for and the Radon Product generated, under the End-User Protection (Distance Selling) Regulations 2000 Regulation 13 this type of service cannot be cancelled, as the transaction is complete. No refunds are offered for this service. Unspent credits are non-refundable in so far as the Law allows.

11. Complaints

• If the Consumer is not happy with any aspect of the Supplier's service then please contact the HPA and we will investigate your concerns.

12. Availability of the Service

• The Suppliers give no guarantee of the availability of this service.

13. Liability

• 13.1 Nothing in these terms and conditions excludes or limits the liability of the Suppliers for death or personal injury caused by their negligence or for liability for fraud.
• 13.2 Subject to clause 13.1, the Suppliers exclude all liability which may arise from any errors or omissions in the information provided by the End-User or from any failure of the end-User to check that the Radon Product relates to the correct Property.
• 13.3 subject to clause 13.1, the liability of the Suppliers for any breach of these terms and conditions, any negligence or arising in any other way in connection with the provision of Radon Products will not extend to any indirect damages or losses or any loss of contract or opportunity, loss of profit or loss of revenue, whether direct or indirect, even if the Suppliers were aware of the possibility of those losses occuring.
• 13.4 In any case, subject to clause 13.1, the aggregate liability of the Suppliers for any breach of these terms and conditions, any negligence or arising in any other way in connection with the provision of Radon Product will be limited to £5,000 (five thousand pounds).

14. Law

• This contract shall be subject to the laws of England & Wales and the exclusive jurisdiction of the English and Welsh Courts.

HPA/RPD/CAJ/16 January 2008

Terms of use of website

This website is provided by the Health Protection Agency ("the Agency") Radiation Protection Division, whose office is at Health Protection Agency (HPA), Radiation Protection Division, Chilton, Didcot, Oxon OX11 0RQ.

Your use of the website is governed by these Terms of Use. By accessing or using any part of the website you agree to be bound by the Terms of Use. If you do not wish to be bound by these Terms of Use, you may not access or use the website, and you should exit the website immediately.

Terms of Use

1. All the information given on this website is done so using HPA's or its collaborators or it's suppliers present knowledge and understand of their subject.

2. Any e-mail communications made by you to us either through the website or otherwise shall take effect when they are actually received by us if sent to the relevant e-mail addresses published on the website. The Agency may act on any instruction or other communication, whether made by e-mail or otherwise, if we believe in good faith it has been given or sent by you or on your behalf. There may be delays in executing any instructions that you send to us by means of e-mail. For example, your e-mail may be received by us outside normal business hours, in which case we will only act thereon as soon as may be practicable during the next business day.

3. The website is provided on an "AS IS" basis. All material accessed or downloaded from the website is obtained at your own risk. It is your responsibility to use appropriate virus software.

4. All rights in the material on the website are either owned by the Agency or made available to the Agency under licence. The material on the website is protected by copyright. All trade marks and devices displayed on the website are owned by the Agency and/or our licensors, and may be registered in many jurisdictions across the world. Save as provided in these Terms of Use (or otherwise expressly provided on the website with respect to specific material) any use or reproduction of this material, trade marks and/or devices is prohibited.

5. You may store electronically and print in hard copy the content available on the website for your personal, non-commercial use only. You are not permitted to sell or trade in material obtained from the website. Any other use, reproduction, modification, distribution, republication, retransmission, storage or incorporation of any part of the website in any other work, is prohibited without the prior written consent of the Agency.

6. It is a condition of our allowing free access to the website that the Agency shall not (subject to the matters set out in paragraph 8 below or as otherwise provided by law) be liable for any direct, indirect or consequential loss or damage (including, without limitation, loss of profits, business, anticipated savings, goodwill, use of data) caused by the use and reliance on, or the inability to use, the website which results, without limitation, from inaccurate information, omissions, interruptions, suspension, errors, defects, viruses, delays in operation or transmission, or any other failure of performance with respect to the website.

7. The Agency accepts no liability for any statements, information, products or services that are accessed by you through any external third party websites. The Agency does not endorse or approve the contents of any such website. Such websites are owned and operated by third parties and we provide access to such websites solely as a convenience. You should be aware that different terms and conditions may apply to your use of third party websites. All intellectual property rights in the material on any other web sites which you may be able to link to from the website are owned by third parties.

8. Nothing in these Terms of Use shall operate to exclude or restrict the Agency's liability for death or personal injury resulting from negligence, or fraud.

9. You shall indemnify, and keep indemnified, the Agency against each loss, liability and cost which the Agency incurs as a result of the use by you of this website other than in accordance with these Terms of Use or any external websites accessed from this website, or the breach by you of any intellectual property rights in the website except in so far as such loss, liability or cost arises from the Agency's negligence or breach of these Terms of Use.

10. These Terms of Use, our Privacy Policy, and any other documents referred to herein constitute the entire agreement, and supersede any previous agreement, between you and the Agency relating to use of the website.

11. These Terms of Use and all matters arising from or connected with them are governed by English law