1. Background
1.1 These terms set out the terms and conditions (the “Terms”) on which, Terranova.Network Limited, a company incorporated in England and Wales with company number 11273793 ("us”, “we”, “our” or “GetGround"), will allow you to use GetGround’s AI chatbot (the "GG Chatbot").
1.2 In these Terms, "you" means an individual who accesses and uses the GG Chatbot and "your" shall be interpreted accordingly.
1.3 The role of GetGround is to provide access to the GG Chatbot and the GG Chatbot is designed to answer your questions relating to the products and services provided by GetGround and to provide general information and assistance, including in respect of residential investment property in the UK.
2. Accepting these Terms4.1 The GG Chatbot does not require you to input any personal data but any personal data that you do provide will be processed in accordance with GetGround’s privacy policy which can be found here (the “Privacy Policy”). You warrant that you have read and understood the Privacy Policy and will comply at all times with all applicable data protection laws.
4.2 All information you obtain from GetGround, the GetGround Chatbot and the GetGround Platform (“Data”) shall be GetGround’s proprietary information which GetGround may use for any reason.
4.3 You may use the Data but only in connection with your use of the GetGround Platform and our website, subject to applicable laws and regulations.
4.4 Intellectual Property that is material to and used in connection with the GG Chatbot and the GetGround Platform shall continue to be the property of GetGround (regardless of whether the rights came into existence before, on or after the date of these Terms) (“GetGround IP”) and no licence to use such GetGround IP is granted to you under these Terms. You agree you will not infringe any GetGround IP.
4.5 You agree to keep strictly confidential any information, provided to you by GetGround or the GG Chatbot, that is designated or marked as confidential, or any information which would reasonably be regarded as being of a confidential or proprietary nature. You agree that you shall not disclose any such information save to the extent any disclosure is required by applicable laws and regulations.
4.6 This Clause 4 shall survive termination of these Terms.
5. Submitting information to the GG Chatbot5.2 Other than any personal data which will be dealt with in accordance with the Privacy Policy, we do not guarantee that information supplied to us through the GG Chatbot will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
6. Accuracy of information6.2 All information provided by GetGround and the GG Chatbot is for informational purposes only, and should not be relied upon or construed as legal, tax, investment, financial or other advice. Such information does not constitute (i) a solicitation, recommendation, endorsement or offer by GetGround in this or in any other jurisdiction, or (ii) a comprehensive or complete statement of the matters discussed or the law and should not be relied on as such. Any prediction, forecast or projection given by the GG Chatbot is provided solely as an example of possible growth and return and will not necessarily reflect the actual growth and return.
6.3 We cannot promise that the GG Chatbot will be fit or suitable for any purpose. Any reliance that you may place on the information provided by GetGround and the GG Chatbot is entirely at your own risk. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other content provided by the GG Chatbot before making any decisions based on such information or other content. For example, you should not make any investment decisions unless you understand the nature of the decision and the extent of your exposure to risk.
6.4 The GG Chatbot may use content which has been obtained from third party sources. GetGround is not responsible for the accuracy of such content.
7. Availability of the GG Chatbot
7.1 While we try to make sure that the GG Chatbot is available for your use, we do not promise that it will be available at all times or that your use of the GG Chatbot will be uninterrupted.
7.2 We make no guarantee that the GG Chatbot is appropriate or available for use in locations outside of the UK. If you choose to access the GG Chatbot from locations outside the UK, you acknowledge you do so at your own risk and are responsible for compliance with local laws where they apply.
7.3 We may suspend or terminate access or operation of the GG Chatbot at any time as we see fit.
8. Liability
8.1 The GG Chatbot is a free service which should not be relied upon for any reason including, but not limited to, investment advice. GetGround makes no warranties nor assumes any liability in respect of the quality or nature of any information that is provided by the GG Chatbot. The GG Chatbot is used entirely at your own risk. You agree that GetGround will not be liable to you in any way including for any loss, financial or otherwise that you may suffer as a result of or in connection with your use of the GG Chatbot.
8.2 Nothing in these Terms limits any liability which cannot be excluded or limited by applicable laws and regulations, including liability for (i) death or personal injury caused by negligence, or (ii) fraud or fraudulent misrepresentation.
8.3 We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
9. Indemnity
You shall indemnify GetGround against all liabilities, costs, expenses, damages and losses (including, but not limited to, any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by GetGround arising out of or in connection with:
(a) your breach or non-performance of these Terms;
(b) the enforcement of these Terms; or
(c) any claim made against GetGround by a third party arising out of or in connection with these Terms, to the extent that such a claim arises out of the breach or failure or delay in performance of these Terms by you.
10. Complaints
10.1 Should you have any complaints regarding the GG Chatbot, you may put your concerns in writing to GetGround setting out the details of your complaint, using the following email address: complaints@getground.co.uk.
10.2 GetGround will consider and investigate each complaint carefully and aim to respond fully within 15 Business Days of receipt of your written complaint in accordance with GetGround’s complaints policy which can be found here.
11. Entire agreement
11.1 These Terms constitute the entire agreement between the parties and supersede all previous discussions, correspondence, negotiations or agreements relating to its subject matter.
11.2 You acknowledge that by accepting these Terms you have not relied on any express or implied representation (including any made negligently), assurance, undertaking, collateral agreement, warranty or covenant which is not set out in these Terms.
11.3 In connection with the subject matter of these Terms, GetGround and you waive all rights and remedies (including any right or remedy based on negligence) which might otherwise be available to each party in respect of any express or implied representation, assurance, undertaking, collateral agreement, warranty or covenant which is not set out in these Terms.
11.4 Except as required by statute, no terms will be implied (whether by custom, usage, course of dealing or otherwise) into these Terms.
12. No partnership or agency
Nothing in these Terms is intended to or will be used to establish any partnership or joint venture between the parties, nor authorise any party to make any commitments for or on behalf of any other party.
13. Variation
GetGround may amend these Terms by placing a new version of these Terms on the GetGround website, and where possible will give you notice that a change has been made. You should periodically check the GetGround website for updates to these Terms. You will be deemed to have accepted any updates or amendments to these Terms if you continue to use the GG Chatbot after such updates or amendments have been placed on the GetGround website.
14. Assignment
You shall not assign, transfer, charge or deal in any other manner with these Terms or any of the rights under them nor purport to do the same. GetGround may at any time assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Terms.
15. Third party rights
Except as expressly provided in these Terms, no provision of these Terms is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it. The parties may without limit or restriction vary these Terms or any provision of it which may be enforced by a third party or otherwise amend these Terms in such a way as to extinguish or alter the third party’s entitlement under any such provision without the consent of that third party.
16. Governing law and jurisdiction
Any dispute or claim arising out of or in connection with the GG Chatbot, these Terms or their subject matter or formation will be governed by English law and such disputes or claims will be subject to the exclusive jurisdiction of the courts of England and Wales.
17. Definitions and interpretation
17.1 In these Terms, in addition to the defined terms above, the following definitions apply:
“Business Days” means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
“Data” has the meaning given to it in Clause 4.2 (Data protection, Intellectual Property and confidentiality);
“Effective Date” has the meaning given to it in Clause 2.3 (Accepting these Terms);
“GetGround IP” has the meaning given to it in Clause 4.4 (Data protection, Intellectual Property and confidentiality);
“GetGround Platform” means GetGround’s online all-in-one property investment platform and website or any other platform, website, portal and/or application notified to you by us from time to time;
“GG Chatbot” has the meaning given to it in Clause 1.1 (Background);
“Intellectual Property” means all intellectual property, including patents, trade marks, service marks, domain names, business and trading names, styles, logos and get-ups (whether registered or unregistered) in any part of the world, rights in goodwill, database rights and rights in data, rights in designs and copyrights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all inventions, rights in know-how, trade secrets and confidential information, customer and supplier lists and other proprietary knowledge and information and all rights under licences and consents in relation to any such rights and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world for their full term, including any renewals and extensions;
“Privacy Policy” has the meaning given to it in Clause 4.1 (Data protection, Intellectual Property and confidentiality);
“Terms” has the meaning given to it in Clause 1.1 (Background);
"us”, “we”, “our” or “GetGround" have the meanings given to them in Clause 1.1 (Background); and
“you” or “your” have the meanings given to them in Clause 1.2 (Background).
17.2 Unless otherwise stated, references to Clauses are to clauses of these Terms.
17.3 The clause headings used in these Terms are inserted for ease of reference only and shall not affect construction.
17.4 Words in the singular include the plural and vice versa and references to one gender include all genders.
17.5 A reference to a person includes an individual, firm, partnership, company, association, organisation or trust (in each case whether or not having a separate legal personality).
17.6 A reference to a party is to a party to these Terms and includes the respective successors or permitted assigns of an original party.
17.7 Any words following the terms including, include, includes, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.