1.3. Your attention is particularly drawn to clause 10 which contains exclusions and limitations on our liability.
“Booking” means a booking request made by you through the Website for a Shepherd to inspect an Object.
“Fees” means the fees payable by you to Shepper for the performance of the Services based on the fee rates stated on the Website.
“Inspection” means inspection of the Object by a Shepherd.
“Object” means the property or object that you request our Shepherd to inspect.
“Order” means a Booking that has been accepted by Shepper containing your instructions.
“Services” means the inspection services supplied or to be supplied to you by Shepper in respect of the Object.
“Shepherd” means a person employed or engaged by Shepper to carry out inspections of Objects.
“Website” means the website at https://www.shepper.com.
2.2.1. clause headings are inserted for ease of reference only and do not affect construction;
2.2.2. words importing one gender shall be treated as importing any gender, words importing individuals shall be treated as importing bodies corporate, corporations, unincorporated associations and partnerships and vice-versa, words importing the singular shall be treated as importing the plural and vice-versa, and words importing whole shall be treated as including a reference to any part thereof;
2.2.3. a reference to “writing” or “written” in these terms includes email.
3. Booking procedure
3.1 You will make a Booking through the Website. When you make a Booking, you warrant that:
3.1.1. you are 18 years or older and have full capacity and authority to enter into and perform the Contract;
3.1.2. you are acting on your own behalf and not for the benefit of any other person. If you are acting on behalf of another person, you must notify Shepper as soon as possible;
3.1.3. you are the legal owner or mortgagee of the Object or you are a legally authorised person, including a tenant, lessee or authorised temporary custodian of the Object; and
3.1.4. upon Shepper’s request you will produce evidence of your ownership or authority to request the Services in respect of the Object.
3.2. Subject to clause 3.1, you will be notified by Shepper that your Booking has been received. You acknowledge that this does not imply Shepper’s acceptance of such Booking. Shepper shall confirm acceptance of a Booking in writing, at which point the Contract will come into effect.
3.3. You agree not to book Services with our Shepherds direct or in any other manner but through the use of our Website. This obligation shall continue for twelve months after the termination of the Contract.
4.1. Subject to your payment of the Fees, Shepper shall provide the Services as agreed in the Order.
4.2. You acknowledge that the Shepherds’ Inspection reports will only cover Services provided strictly in accordance with your instructions and, unless previously agreed with Shepper in writing, will not cover any facts, observations, information or events that:
4.2.1. fall outside of the scope of your Order; or
4.3. You may use the Website and the Services for lawful purposes. You must not use the Website or the Services:
4.3.1. in any way that breaches any applicable local, national or international law or regulation; or
4.3.2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
4.4. Shepper shall not be responsible for any delay in carrying out an Inspection. In the event of any delay we shall inform you as soon as reasonably possible. If there is a risk of delay of more than 10 days you may cancel the Order and receive a refund for any Fees you have paid for the Inspection that has not been carried out.
4.5. You agree that:
4.5.1. If, following your instructions, a Shepherd cannot locate the Object or the Object is not available for Inspection, you will be charged a no-show fee equal to the total Fees for the Order;
4.5.2. you will be responsible for making the Booking and issuing instructions to Shepper;
4.5.3. you shall not at any time communicate directly with a Shepherd in relation to the Services or other similar services;
4.5.4. if fulfilment of your Order requires access to private property, you shall be responsible for obtaining consent and permission from all relevant parties, such as the owner or tenant of the property. You shall reimburse Shepper from any claims, liabilities, costs, expenses, damages or losses which we might suffer in connection with the access to private property;
4.5.5. where the Services are to be performed in a remote location and/or with restricted access (including military bases, mountainous locations, island, or locations with limited population densities) subject to Shepper notifying you, you may be charged an additional fee, including when return trips are required, in addition to the total Fees for the Order.
4.6. Shepper may make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and Shepper shall notify you in any such event.
4.7. Shepper may at any time suspend or withdraw or restrict the availability of all or any part of the Website for business or operational reasons.
5.1. As part of your registration process, you will be required to select a username and password. You can log into your account and change your password at any time.
5.2. You are responsible for maintaining the confidentiality of your account details, including your username, password or any other piece of information that forms part of our security procedures (“Account Details”). You must not disclose such information to any third party.
5.3. You shall be responsible for all activity under your account even if someone else uses your account. You authorise Shepper to act on instructions received under your account and Shepper will not be liable for any loss that you might suffer through following such instructions whether by you or another person.
5.4. You agree to notify Shepper immediately if you become aware or suspect that your Account Details have been misused.
6. Fees and payment
6.1. You shall pay the Fees for the Services as stated on the Website from time to time. Fees are inclusive of VAT.
6.2. We may amend the Fees from time to time. Fees on Orders placed before any fee changes will not be affected.
6.3. You must maintain a valid payment card with us at all times. You must promptly notify Shepper if your card details become no longer valid.
6.4. Shepper engages a third party payments processor who will process all payments. Shepper will not itself process your payment card details. As such, Shepper cannot be responsible for any misuse of your payment card or data security breach by the third party payments processor unless due to the deliberate or negligent act or omission of Shepper.
6.5. You authorise Shepper to:
6.5.1. seek pre-authorisation of your payment card;
6.5.2. charge you the Fees in full on the day of the Inspection or immediately after;
6.5.3. charge you a fee of £10 each month if any amount owed by you is outstanding on the day after the Inspection until the full Fees have been paid.
6.6. Shepper may charge interest to you on the outstanding amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the outstanding amount, whether before or after judgment. You must pay us interest together with any outstanding amount.
7.1. Shepper may make available to the public from time to time a promotional code, gift card or voucher through marketing campaigns, which will include emails, mobile and online advertising, flyers and posters.
7.2. Such promotional codes, gift cards or vouchers may only be used by new customers and you acknowledge that:
7.2.1. offers can only be redeemed once per each household;
7.2.2. you are only entitled to redeem the offer once;
7.2.3. the offer can only be redeemed in respect of inspection Services and not in respect of any additional services, unless agreed beforehand with Shepper.
8.1. Shepper may cancel your Order if:
8.1.2. Shepper has other valid reasons to do so.
8.2. You may cancel your Order or amend the date for the Inspection by emailing email@example.com at least 48 hours’ prior to the due date for the Inspection to be performed.
8.3. If you cancel an Order with less than 48 hours’ notice, Shepper will charge you an administrative fee of £15.
8.4. You may suspend your Order through your online account:
8.4.1. for a fixed period of time and reactivate it at any time after that; or
8.4.2. indefinitely by not reactivating your suspension request.
9.2. By using the Website, you are consenting to such processing and use, and you warrant that all data provided by you is accurate, correct and up-to-date.
10.1. We and our Shepherds will provide the Services with reasonable care and skill and substantially as described in the Order. Shepper does not make any other promises or warranties about the Services.
10.2. Our Inspection reports are based solely upon the visual observation and opinion of the Shepherd carrying out the Inspection. Shepherds are not experts in any field, and do not possess any particular technical skill, knowledge, or expertise.
10.3. Inspections and any photographs included within an Inspection report are subject to factors beyond our control, such as accessibility, weather conditions, lighting conditions, and other factors which may reduce the accuracy of the Inspection and clarity of photos.
10.4. We provide the Website on an “as is” and “as available” basis with all faults. We do not guarantee that you will be able to access or use the Website at times or locations of your choosing.
11.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
11.2. Our liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract or in respect of an Inspection is limited as follows:
11.2.1. in respect of loss of or damage to physical or real property, including the Object, directly caused by the Shepherd when carrying out an Inspection and which is covered by our public liability insurance, £1,000,000 per claim or series of claims resulting from or attributable to a single source or the same original, repeated or continuing cause;
11.2.2. for any other loss or damage relating to the Services, an amount equal to the Fees paid for the relevant Inspection.
11.3. We will not in any event be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract or in respect of an Inspection for any:
11.3.1. loss or damage which was not reasonably foreseeable at the time of the Order, regardless as to how such loss or damage was caused;
11.3.2. loss of profits, sales, business, or revenue;
11.3.3. business interruption;
11.3.4. loss of anticipated savings;
11.3.5. loss of business opportunity, goodwill or reputation; or
11.3.6. indirect or consequential loss or damage.
12. Your rights as a Consumer – This only applies if you are a Consumer
12.1. You are a “Consumer” if you are an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession as defined by the Consumer Rights Act 2015 (“CRA 2015”).
12.3. In relation to the Services, the CRA 2015 says:
12.3.1. You can ask us to re-perform the Services if they are not carried out with reasonable care and skill, or get some money back if we cannot re-perform them.
12.3.2. Subject to clause 6.1, if you have not agreed a price beforehand, what you are asked to pay must be reasonable.
12.3.3. If you have not agreed a time beforehand, it must be carried our within a reasonable time.
12.4. If you wish to make a change to your Order please contact us. We will inform you if the change is possible. If not possible, we will notify you about any variations to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the changes are unacceptable to you, you may want to end the contract in accordance with clause 8.2.
12.5. If the Order you have placed is for an amount of more than £42, you have the right to change your mind within 14 days of having placed the Order and receive a full refund, provided that the Services have not yet commenced. If you cancel after we have started performing the Services, you must pay for the Services provided up until the time you tell us that you have changed your mind.
12.6. If you wish to exercise your right to cancel the Contract in accordance with clause 14.5, you must inform us of your decision to cancel by a clear statement (e.g. a letter sent by post or email).
12.7. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
12.8. If you your Order is for a total amount of more than £42, we will wait until the 14 days’ cancellation period is over before we start to carry out the Services, unless:
12.8.1. you want us to carry out the Services during the 14 days’ cancellation period;
12.8.2. we have agreed to do so; and
12.8.3. you have signed a written confirmation (if you do this, the written confirmation which you sign will form part of this contract as though set out in full here). If you cancel this Contract, we will reimburse to you all payments received from you except where we are allowed to keep such payments such as where we have started carrying out the Services within the 14 days’ cancellation period and you have signed the written confirmation to start carrying out the Services within the 14 days’ cancellation period.
12.9. We will make the reimbursement without undue delay, and not later than 14 days after the days on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
12.10. You do not have a right to change your mind in respect of the Services once these have been completed, even if the cancellation period is still running.
13.1. Shepper shall not at any time disclose to any person any confidential information concerning your business, affairs, or property (including the Objects) or use any such confidential information for any purpose other than to perform Service.
13.2. Clause 13.1 shall not apply to information which is in, or enters, the public domain other than by breach of the clause, and shall not apply where disclosure is required by law, a court of competent jurisdiction or any governmental or regulatory authority.
14. Intellectual Property Rights
14.3. You agree not to (or assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of the content found on our Website.
14.4. By publishing content on our Website, including but not limited to reviews or comments, you grant Shepper a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt publish and display such content on the Website. Shepper may ask for your permission to publish your reviews or comments regarding the Services on third party websites carefully selected by Shepper.
15. Events Beyond Our Control
15.1. We shall have no liability to you for any breach of the Contract caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
16.2. If we do not exercise or enforce any legal right or remedy which may be available to us, this will not be taken to be a formal waiver of our rights.
16.7. All legal notices in relation to the Contract or the Website should be given in writing and addressed to 307 Pill Box, 115 Coventry Road, London, E2 6GG, or by email to firstname.lastname@example.org.
17.1. If you are unhappy with any aspect of the Services, please contact us as soon as possible. We will try to resolve any disputes with you quickly and efficiently.
18. Applicable Law
Thank you for using www.shepper.com.
Last updated: 9 May 2017.