Terms of use

This service is provided by The ASCP Group Limited, trading as the Association of Safety and Compliance Professionals (ASCP), registered at Belvedere House, Basing View, Basingstoke, RG21 4HG.

In these terms, "we", "us" and "our" mean that company, and "you" and "your" mean the person using the service. Where you use the service on behalf of an organisation, "you" means that organisation, and you warrant that you have authority to accept these terms on its behalf.

By using the service you accept these terms. If you do not accept them, you must not use the service.

Where you and we have entered into a separate written agreement for the service, that agreement prevails over these terms to the extent of any inconsistency.

The service enables you to carry out housing condition assessments, to record the evidence supporting them, and to manage and evidence the response.

The framework applied depends on where the property is situated. In England and Wales the service applies the Housing Health and Safety Rating System under that nation's own methodology; in Wales it also applies the Welsh Housing Quality Standard 2023; in Scotland the Scottish Housing Quality Standard; and in Northern Ireland the Decent Homes Standard together with the statutory fitness standard.

Where a statutory regime imposes timescales for responding to a hazard, the service records the position you have taken and presents the resulting dates.

Parts of the service are available without an account. Other parts require an account, and some require a current subscription or ASCP membership.

The service does not exercise professional judgement and does not make decisions on your behalf.

Every result it produces is derived from inputs you select, including the likelihood and the distribution of harm outcomes you choose and the condition judgements you record. Every statutory position it holds is one you have taken. Where the service presents a published figure, including a national average, that figure is a reference point for your judgement and is not a recommendation.

You remain solely responsible for your compliance with your statutory and contractual obligations as a landlord or as a professional adviser. Use of the service does not discharge, reduce or transfer any such obligation, and nothing in the service constitutes legal advice.

The service reproduces or refers to legislation, statutory guidance and other material published by government bodies, including material made available under the Open Government Licence. That material is reproduced as published. We do not warrant that it is current, complete or accurate, and the published source and the legislation in force remain authoritative.

You must provide accurate information when creating an account and keep it up to date.

You are responsible for maintaining the confidentiality of your credentials and for all activity carried out through your account. You must notify us without undue delay at members@theascp.co.uk if you become aware of any unauthorised access to or use of your account.

Where your organisation holds a subscription, its administrators control who within it has access and what permissions they hold. We may act on the instructions of an administrator in relation to accounts within that organisation.

You must not:

use the service in breach of any applicable law or regulation, or in breach of the rights of any third party;

upload or record any content which is unlawful, which you do not have the right to provide, or which contains more personal data relating to occupants than the relevant assessment requires;

attempt to gain unauthorised access to the service, to any account other than your own, or to any system or network connected to it;

introduce any malicious code, interfere with the operation of the service, or impose an unreasonable load on it;

copy, scrape, reverse engineer, decompile or create derivative works from the service or its underlying data, except to the extent permitted by law;

resell, sublicense or otherwise make the service available to any third party, except as expressly permitted under a written agreement with us;

use the service or its content to develop or train any competing product or service.

We may suspend or withdraw access to the service, in whole or in part and without notice, where we reasonably consider that these terms have been breached, that continued access presents a security risk, or that suspension is required by law. Where we do so, we will tell you as soon as reasonably practicable.

You retain all rights in the content you record in the service, including property records, assessments, images and notes. We acquire no rights in that content other than the rights necessary to provide, secure, support and improve the service for you, and to comply with our legal obligations.

You grant us a non-exclusive licence to host, store, reproduce and process that content for those purposes, and to permit our sub-processors to do so on our behalf.

You warrant that you have all rights and permissions necessary for us to process the content you provide, and you are responsible for its accuracy, lawfulness and relevance.

In respect of personal data recorded in the service about properties and their occupants, you are the controller and we act as your processor. Our processing is described in our privacy notice and is governed by our written agreement with you. You are responsible for determining your lawful basis, for the content of what you record, and for responding to requests from your own tenants and occupants.

We may use aggregated and anonymised information derived from use of the service for the purposes of operating, securing and improving it, and for statistical analysis, provided that such information does not identify you, your organisation, any property or any individual.

We will use reasonable skill and care in providing the service. We do not warrant that the service will be uninterrupted, timely, secure or free from error, and we do not warrant that it will meet any particular requirement.

Except as expressly stated in these terms, all warranties, conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law.

We may change, add to, suspend or withdraw any part of the service. Where a change would materially reduce the functionality for which you have paid, we will give you reasonable notice and, at your election, refund the proportion of your subscription fee relating to the unexpired period.

We may carry out planned maintenance, and will give reasonable notice of it where practicable.

Where the service or any part of it is provided on a paid basis, the fees, the billing period and the payment terms are those set out in your order or in our written agreement with you.

Fees are exclusive of value added tax, which is payable in addition at the applicable rate.

We may vary our fees on not less than thirty days' notice, taking effect from your next renewal. If you do not accept a variation, you may decline to renew.

Where an amount properly due remains unpaid, we may suspend access to the paid parts of the service after giving notice and a reasonable opportunity to pay.

If your subscription lapses, is cancelled or is terminated, you retain read access to the records already held and the ability to export them for a period of seven years from that date. You will not be able to create or amend records during that period.

We will give you notice before the end of that period and before any deletion takes place.

Nothing in this section requires us to retain records where you have instructed their deletion, or where retention would be unlawful.

You will indemnify us against all losses, liabilities, costs and expenses (including reasonable legal costs) arising from any claim by a third party relating to:

the content you record in or upload to the service, including any claim that it infringes the rights of a third party or was processed unlawfully;

your use of the service in breach of these terms or of any applicable law.

We will notify you of any such claim, will not settle it without your consent, and will give you reasonable assistance in dealing with it at your expense.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited.

Subject to that, we are not liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for:

loss of profit, revenue, business, contracts or anticipated savings;

loss of or corruption of data, except to the extent caused by our failure to take the measures described in our privacy notice;

loss of goodwill or reputation;

any regulatory fine, penalty or enforcement cost incurred by you;

any indirect or consequential loss.

Subject to the first paragraph of this section, our total liability to you in respect of all claims arising in any period of twelve months is limited to the greater of the total fees you paid us for the service in that period and one hundred pounds.

Each provision of this section operates separately. If any part is found to be unenforceable, the remainder continues to apply.

You may stop using the service at any time, and may cancel a subscription in accordance with your order or our written agreement with you.

We may terminate these terms or any subscription by notice where you commit a material breach of these terms and fail to remedy it within thirty days of being asked to do so, or immediately where the breach is not capable of remedy, where you become insolvent, or where termination is required by law.

Termination does not affect any right or liability which has already accrued.

We may amend these terms. The version number and the date from which the current version applies are shown at the head of this page.

Where an amendment is material we will give reasonable notice before it takes effect. If you do not accept the amendment you may stop using the service and cancel your subscription, and we will refund the proportion of any subscription fee relating to the unexpired period.

These terms, together with any written agreement between us, constitute the entire agreement between us in relation to the service and supersede any prior statement or representation, save that nothing excludes liability for fraudulent misrepresentation.

You may not assign or transfer your rights under these terms without our written consent. We may assign or transfer ours to a member of our group or in connection with a transfer of our business.

A failure or delay in exercising a right is not a waiver of it.

If any provision is held to be invalid or unenforceable, the remaining provisions continue in force.

Neither party is liable for failure to perform caused by an event beyond its reasonable control, provided it takes reasonable steps to mitigate the effect.

No person other than you and us has any right to enforce these terms.

These terms, and any dispute arising out of or in connection with them, are governed by the law of England and Wales.

The courts of England and Wales have exclusive jurisdiction, save that we may seek injunctive relief in any jurisdiction.

Before commencing proceedings, each party will notify the other of the matter in dispute and allow a reasonable opportunity to resolve it.

Write to us at Belvedere House, Basing View, Basingstoke, RG21 4HG, or email members@theascp.co.uk.