Legal
Terms of Service
These Terms of Service govern your use of Building Safety Checker, including the website, reports, subscriptions, paid services and any related content or materials.
Building Safety Checker is operated by EmberX Ltd, a company registered in England and Wales with company number 16776303.
By using the website or purchasing a report or subscription, you agree to these Terms.
1. Nature of the Service
Building Safety Checker provides general information and informal guidance relating to building safety issues.
The service may generate reports based on information provided by users. These reports are intended to help users understand possible building safety concerns and potential routes for further investigation.
The service is informational only.
2. No Legal Advice
Building Safety Checker does not provide legal advice.
No report, page, email, message, output, recommendation, assessment or other material provided through the service should be treated as legal advice.
Use of the service does not create a solicitor-client relationship, barrister-client relationship, adviser-client relationship or any other professional relationship.
You must obtain formal legal advice from a qualified professional before taking or refraining from taking any action based on a report or any information provided through the service.
3. No Professional Advice
The service does not provide fire safety advice, engineering advice, surveying advice, valuation advice, insurance advice, tax advice, regulatory advice, investment advice or any other form of professional advice.
Reports are not a substitute for advice from a solicitor, barrister, surveyor, fire engineer, managing agent, building safety professional, accountant, insurer or other suitably qualified professional.
4. No Guarantee of Claim, Liability or Recovery
Building Safety Checker does not guarantee that:
- You have a claim
- Any person or company is liable
- Any money is recoverable
- Any building safety defect exists
- Any statutory protection applies
- Any landlord, freeholder, developer, management company or third party has acted unlawfully
- Any regulator, tribunal, court or public body will agree with the contents of a report
- Any issue will be resolved
- Any particular outcome will be achieved
Reports are indicative only and depend on the information submitted by the user.
5. User Responsibility
You are responsible for:
- Ensuring that all information you provide is accurate, complete and not misleading
- Checking whether a report is suitable for your intended purpose
- Obtaining independent professional advice
- Deciding whether to take any action
- Complying with all applicable laws
- Ensuring that you have the right to upload or submit any information, documents or personal data
We are not responsible for errors, omissions or inaccuracies caused by incomplete, inaccurate or misleading information provided by you.
6. Report Limitations
Reports may be generated using automated tools, structured analysis, legal information, factual assumptions and user-provided data.
Reports may be incomplete, inaccurate, out of date or unsuitable for your specific circumstances.
Building safety law and related regulation can be complex and fact-sensitive. A report is not a full legal assessment and does not replace a detailed review by a qualified professional.
7. Payment and Refunds
Fees are payable as stated on the website at the time of purchase.
Once a report has been generated, you are not entitled to a refund, unless required by law.
By ordering a report, you agree that performance of the service may begin immediately and that the report may be generated before any cancellation period expires. Where applicable, you acknowledge that you may lose any right to cancel once the report has been generated.
Nothing in these Terms affects your statutory rights.
8. Professional Unlimited Subscription
Professional Unlimited is subject to a minimum rolling commitment of 3 months.
You must give 3 months’ notice to end a Professional Unlimited subscription.
During the notice period, subscription fees remain payable.
Professional Unlimited is intended for reasonable professional use only. We reserve the right to restrict, suspend or terminate access where usage is excessive, abusive, automated, unlawful, fraudulent or outside the intended purpose of the service.
Professional Unlimited does not include bespoke legal advice, bespoke professional advice, litigation support, document drafting, representation, advocacy, correspondence with third parties or direct case management unless expressly agreed in writing.
9. Availability of the Service
We do not guarantee that the website or service will always be available, uninterrupted, secure or error-free.
We may update, suspend, withdraw or change any part of the service at any time.
10. Intellectual Property
All content, reports, templates, text, design, branding, software, databases and materials provided through the service belong to EmberX Ltd or its licensors, unless otherwise stated.
You may use a report for your own internal purposes. You must not copy, resell, publish, redistribute, scrape, reverse engineer or commercially exploit the service or reports without our prior written consent.
11. Prohibited Use
You must not use the service:
- Unlawfully
- Fraudulently
- To submit false or misleading information
- To infringe third-party rights
- To upload malicious code
- To interfere with the website or service
- To scrape, copy or reproduce the service at scale
- To generate reports for resale without permission
- To impersonate another person
- To submit confidential or personal information you are not entitled to provide
- In any way that may damage Building Safety Checker, EmberX Ltd or other users
12. Limitation of Liability
To the fullest extent permitted by law, EmberX Ltd excludes all liability arising from or connected with:
- Use of the website
- Use of any report
- Reliance on any report or information
- Any decision made by you or a third party
- Any claim not pursued or action not taken
- Any loss of profit, revenue, business, opportunity, goodwill or anticipated savings
- Any indirect or consequential loss
- Any error, omission, inaccuracy or delay
- Any matter arising from inaccurate, incomplete or misleading information supplied by you
Our total liability to you, whether in contract, tort, negligence, misrepresentation, breach of statutory duty or otherwise, shall not exceed the amount paid by you for the relevant report or, for subscription users, the amount paid by you in the 3 months preceding the event giving rise to liability.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any liability that cannot lawfully be excluded.
13. No Reliance
By accessing the website, using or purchasing any of our products or services, you agree that you do not rely on the service as legal advice or professional advice.
You agree that any action taken after receiving a report is your own responsibility.
You should obtain independent advice before contacting any landlord, freeholder, developer, managing agent, tribunal, court, regulator, insurer or third party.
14. Third-Party Links
The website may contain links to third-party websites. We are not responsible for the content, accuracy, security or availability of third-party websites.
15. Changes to These Terms
We may update these Terms from time to time. The version displayed on the website at the time of use or purchase will apply unless otherwise stated.
16. Termination and Suspension
We may suspend or terminate access to the service where we reasonably believe that a user has breached these Terms, misused the service, failed to pay, submitted false information or acted unlawfully.
17. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction, subject to any mandatory consumer rights that apply.
18. Contact
For enquiries, please contact:
EmberX Ltd
Email: info@emberx.io