PlanMaster Terms and Conditions

Special terms and conditions for the BMI PlanMaster roof measurement service

• Please read these terms and conditions carefully before using the Roof Report. If you do not agree with these terms and conditions, please notify BMI Group UK Limited before downloading the Roof Report to cancel your order.

• By submitting an order for a Roof Report, you agree to these terms and conditions (the ‘Terms’). The contract for the provision of the Roof Report is concluded between you and BMI Group UK Limited, 2 Pitfield, Kiln Farm, Milton Keynes. MK11 3LW.

• BMI Group UK Limited’s Roof Report service is currently provided free of charge. We reserve the right to implement charges in due course and will update these Terms accordingly.

I. Use of a Roof Report.

• BMI Group UK Limited grants you a limited, non-exclusive and non-transferable licence to use a Roof Report ordered by you in accordance with these Terms.

• You may only use a Roof Report in respect of a property located in the UK and in connection with your business. You may only disclose the Roof Report to persons engaged by or supporting your business. The Roof Report service is not to be used by private consumers.

• You are not permitted to resell a Roof Report, remove copyright notices or alter the Roof Report in any way.

• You may not use a Roof Report for any unlawful purpose or in any manner prohibited by these Terms.

• BMI Group UK Limited owns all rights to the Roof Report and reserves all rights to the Roof Reports not expressly granted in these Terms.

• Your licence for a Roof Report will automatically terminate without notice if you do not comply with these Terms.

II. Delivery of a Roof Report.

• Roof Reports are generally sent (i) for residential buildings and (ii) for commercial buildings within forty-eight (48) hours of order placement.

• In the event that a Roof Report is not sent to you within the applicable time frame, your sole and exclusive remedy and BMI Group UK Limited’s sole and exclusive liability shall be a credit for a subsequent Roof Report of the same type (e.g. if you ordered a residential Roof Report, the credit will be for a residential Roof Report).

• To obtain the foregoing remedy, you must notify BMI Group UK Limited within twenty-four (24) hours that you have not received a Roof report within the specified time period (being 48 hours after order placement).

• The above remedy does not apply if the failure to deliver the Roof Report within the applicable timeframe is due to causes beyond BMI Group UK Limited's control, for example, if your internet connection was interrupted and you were unable to receive the Roof Report within the specified time frame.

III. Accuracy of a Roof Report.

• In general, it is assumed that the measurements listed in a Roof Report correspond to at least 95% of the actual measurements from the date the Roof Report was created.

• In the event that the measurements in a Roof Report are less than 95% accurate to the actual measurements as evidenced by photographs and other evidence BMI Group UK Limited may require, your sole and exclusive remedy and BMI Group UK Limited’s sole and exclusive liability shall be to obtain a replacement Roof Report for the same location 

• To obtain the above remedy, you must notify BMI Group UK Limited within 30 days of receipt of the Roof Report.

IV. Exclusion of warranty; limitation of liability; applicable laws

• BMI Group UK Limited may discontinue or suspend PlanMaster at any time and stop providing Roof Reports.

• Unless otherwise specified in this Agreement, BMI Group UK Limited does not warrant the accuracy, completeness, content, quality or reliability of any Roof Report.

• Except as otherwise provided in this Agreement, the Roof Reports are provided "as is"  and the entire risk as to the use of the Roof Reports is with you.

• Except as otherwise set forth in this Agreement, BMI Group UK Limited makes no warranties, express or implied, with respect to the Roof Reports, including, but not limited to, merchantability, non-infringement or fitness for a particular purpose (including, without limitation, in connection with any assessment of the condition, features or characteristics of or means of access to any roof).

• All other warranties are hereby excluded by BMI Group UK Limited to the fullest extent permitted by law.

• BMI Group UK Limited excludes liability for all losses however arising and save as (i) set out in these Terms and (ii)  in the event of personal injury or death caused by our negligence.

• These Terms, their subject matter and their formation, are governed by English law. The courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

V. Data protection

• By clicking the consent button, you confirm that you have received a declaration of consent from the interested party for the use of the aerial photographs taken of their house. BMI Group UK Limited is only an intermediary for the Roof Report. By ordering a Roof Report, you may receive personal data that is protected by the GDPR. If the Roof Report contains aerial photographs showing a property that is not in your sole possession, you are the controller of the processing of the personal data (i.e. the aerial photographs) of the interested party (Section 4 No. 7 GDPR) and must handle them in accordance with the legal requirements, including by providing a privacy statement. To this end, you may, at your own discretion and for your own protection, obtain the following declaration, which the interested party signs before receiving a Roof Report:

• Declaration of consent to the use of personal data for the preparation of a Roof Report pursuant to Art. 6 para. 1 sentence 1 lit. a) in conjunction with. Art. 7 GDPR

• I hereby give my consent to Mr/Mrs/Spouse ______________________________(name)
  
  ______________________________________________________________(address ) to the processing of my following personal data (name, address, address-related geodata) by _______________________________(name of the controller).

• The data is processed exclusively for the following purpose:  Creation of a Roof Report to be assigned to the address from geodata and aerial photographs. The controller will also transfer the data to and/or hold the licence for the aerial photographs. Consent can be revoked at any time with effect for the future. The personal data may no longer be processed after receipt of the declaration of revocation. They must be deleted immediately. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. I can address my declaration of revocation to [controller].

VI Roofing / commercial use 

• By clicking the consent button, you also declare that you are an authorised roofing company and that you will use the Roof Report exclusively in accordance with the provisions of these Terms for your private residential or business customers.