Please read these terms carefully before using the Software Service.
Acknowledgement
These are the Terms that govern Your use of Our Software Service.
Please read Our Privacy Policy and Our Website Terms of Use carefully before using Our Software Services.
You can find Our Privacy Policy here and Our Website Terms of Use here.
By accessing and/or using the Software Service, you agree to and will comply with:
- these Terms;
- Our Website Terms of Use; and
- Our Privacy Policy.
These Terms apply to all Referrers. You are responsible for ensuring compliance with these Terms by all Referrers.
Accounts
You are responsible for maintaining the security of any Account details.
Provision of the Software Service
The Software Service is provided to You on a non-exclusive basis.
We may, at our sole discretion:
- change or remove features of the Software Service from time to time. Where there is any material alteration to the Software Service, We will notify You as soon as reasonably practicable;
- improve or update the Software Service from time to time. Where any improvements or updates to the Software Service will impact Your access to or use of the Software Service, We will notify You as soon as reasonably practicable; and
- suspend or revoke access to the Software Service by You or any Referrer.
You acknowledge and agree that:
- the use of the Software Service will be at Your own risk;
- any Quotes generated are estimates only and cannot be relied upon;
- use of any Quotes is at Your own risk;
- We are not responsible for the accuracy of any price estimates or for any applicable taxes or third-party costs associated with Our Products or Quotes;
- You are solely responsible for:
1. any prices You quote to Your Clients for Our Products;
2. any errors or omissions in any prices that You quote to Your Clients for Our Products; and
- the accuracy of any applicable taxes or third-party costs that You quote to Your Clients for Our Products (including, for the avoidance of doubt, ensuring that such taxes or costs reflect any changes thereto from time to time).
We do not guarantee there will be no loss or corruption of Information. You agree that You will maintain a complete and accurate copy of any Information in a location independent of the Software Service.
Right to use the Software Service
We grant You and any Referrer a non-exclusive, non-transferable (except as otherwise permitted under these Terms), revocable licence to use the Software Service in accordance with the Permitted Purpose. This allows You to utilise the Software Service as part of Your service offering to Your Clients. Accordingly, Your Clients will interact with the Software indirectly through Your interface or platform, but will not have direct access to the Software Service.
Our Software Service allows You or any Referrer to post and generate Information using an Account. You agree You are responsible for:
- ensuring that the use and access to the Software Service is limited to You or any Referrer and that such use and access will be in accordance with these Terms and the Permitted Purpose;
- Information that any Account posts and generates on the Software Services, including its legality, reliability and appropriateness; and
- all actions or activity that occur under any Account, whether done so by You or any third party using any Account.
You grant Us a royalty-free, non-transferable, non-exclusive licence to use, copy and otherwise utilise the Information to the extent necessary to perform or provide the Software Service.
You represent and warrant that:
- the Information is Yours (You own it) or You have the right to use it and grant Us the rights and licence as provided in these Terms; and
- the posting and generating of Information on or through the Software Service does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person.
Restrictions on using the Software Services
You shall not, nor permit any third party to:
- resell or redistribute the Software Service or the Software to any third party;
- provide any third party with access to the Software Service;
- copy, modify, alter, reproduce, create derivative works from, reverse engineer, reverse compile or adapt the Software Service or the Software; or
- use the Software Service or Software in any manner that could impair its functionality or security, including introducing viruses, malware or other harmful code.
You and any Referrer shall not transmit any Information or use the Software Service in any way that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable.
Confidentiality
The Fees are confidential and considered a trade secret, and You will not disclose the Fees to any third party.
Intellectual Property
The Software Service, the Software and its original content (excluding Information) are and will remain the exclusive property of Our and Our licensors.
The Software Service is protected by copyright and other laws.
30-Day Cooling Off Period
You are entitled to a 30-day cooling-off period that begins on the Commencement Date specified in Your tmQuote Order Form. During this time, You may cancel Your Service Plan without incurring any penalties. However, any charges incurred during this period will not be refunded.
To exercise this right, You must provide Us with written notice of cancellation. The notice must be sent to the following email address: registrations@tmgroup.co.uk
If You cancel Your Service Plan within this period, Your access to the Software Service will end at the conclusion of the 30-day cooling-off period.
Your Term will commence only after the expiration of this 30-day cooling-off period, provided no cancellation has occurred.
Termination
We may terminate or suspend Your access or any Referrer access to the Software Service without prior notice or liability, for any reason whatsoever, including without limitation if You or any Referrer breach these terms.
If You wish to terminate Your Service Plan during the Term, You will provide Us with at least thirty (30) days’ prior written notice, such notice to take effect at the expiry date of the Term.
Your Service Plan will automatically extend for successive Renewal Periods unless You provide Us with at least thirty (30) days’ prior written notice of termination, such notice to take effect at the expiry of the relevant Renewal Period.
The notice must be sent to the following email address: registrations@tmgroup.co.uk
Once the effective date of termination has passed, all rights to use the Software Service will cease.
Limitation of liability
To the maximum extent permitted by applicable laws, in no event shall We or Our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Software Service, third-party software and/or third-party hardware used with the Software Service, or otherwise in connection with any provision of this Terms), even if We or any of Our suppliers have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Regardless of any damages You might incur, Our and Our suppliers’ total liability under any provision of these Terms, and Your exclusive remedy, shall be limited to the amount You have paid to Us for the Software Service.
Governing Law
The laws of England shall govern these Terms and Your use of the Software Service and the courts of England shall have exclusive jurisdiction.
Changes to these Terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will notify You as soon as reasonably practicable and prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use the Software Service after those revisions become effective, You agree to be bound by the revised terms.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalised have meanings defined under the following list of definitions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
Definitions
For the purposes of these Terms:
“Account” means an individual account provided by Us to You or a Referrer, which enables access to and use of the Software Services on the Site
“Client” means any individual or entity that is a client or prospective client of You, who indirectly uses the Software as part of the services provided by You and will interact with the Software through your interface or platform to receive services such as generating quotes or obtaining information
“Information” means all data (in any form) that is provided to Us or uploaded or hosted on any part of the Software or Software Service by You, any Referrer or Client
“Permitted Purpose” means use of the Software Service solely for the purposes of enabling:
a) You to generate Quotes for Your Clients; and/or
b) a Referrer to generate Quotes on behalf of You.
“Products” means all expenses and distributions that We provide as products to You through the Software Service and that You use in Your pricing schedule for Your Clients, excluding:
a) any applicable taxes on such expenses and distributions;
b) any third party charges; and
c) Your legal fees.
“Quote” means any residential conveyancing quotes that are generated using the Software Services
“Referrer” means any third-party individual or entity authorised by You to use the Software Services for referral purposes
“Renewal Periods” means the periods for which Your Service Plan will automatically renew, each Renewal Period being equal in duration to Your Term
“Site” means https://www.tmquote.co.uk and is the website that You and any Referrer use to access the Software Service using an Account
“Software” means the proprietary software of tmQuote that has been developed by Us and provides the functionalities and features of the Software Service
“Software Service” means the services provided by Us through the Software, accessible exclusively through Our Site, which enables You and any Referrer to utilise the functionalities and features of the Software as intended by Us
“Service Plan” means Your authorised access to the Software Service, as set out in Your tmQuote Order Form
“Fees” means the fees We charge You for Your Service Plan, as set out in Your tmQuote Order Form
“Term” means the duration of Your Service Plan, as set out in Your tmQuote Order Form
“tmQuote Order Form” means the document that is issued pursuant to these Terms and sets out the details of Your Service Plan
“Us” (referred to as either “Us”, “We” or “Our”) refers to TM Group (UK) Limited a company incorporated in England under number 05278187 whose registered office is at 1200 Delta Business Park, Swindon, Wiltshire, SN5 7XZ
“You” means the individual accessing or using the Software Service, or the company, or other legal entity of which such individual is accessing or using the Software Service, as applicable
These Terms and Conditions (Terms) were last updated on: 19.02.2025