These Terms of Use ("Terms") govern access to and use of ResiLand (the "Tool"), a residential development appraisal spreadsheet made available for a one-off purchase by Aberclay Limited (T/A ResiLand), a company registered in England and Wales under company number 09844565 whose registered office is at 3 Kings Meadow, Oxford, OX2 0DP ("we", "us", "our"), to the individual or organisation identified on the applicable order or purchase confirmation ("you", "the Customer").
By purchasing, downloading, accessing or using the Tool, you agree to be bound by these Terms. If you do not agree, do not use the Tool.
1.1 ResiLand is a decision-support spreadsheet designed to help estimate the likely costs, funding requirement, cash flow and profitability of a residential development scheme, based on figures and assumptions entered by the user.
1.2 The Tool does not constitute, and must not be relied upon as, financial advice, investment advice, legal advice, valuation advice, or professional advice of any kind. It is a calculation aid only.
1.3 All figures, assumptions, dates, costs and other inputs are entered and controlled entirely by the Customer. The outputs of the Tool (including any profit, funding, cash flow or IRR figures) are only as accurate as the inputs provided and the assumptions selected, and will not reflect matters the Tool has not been told about (for example site-specific risk, planning risk, market movement, or third-party costs not entered).
1.4 We strongly recommend that all figures produced by the Tool are independently checked, and that any decision to proceed with a development, to lend against a development, or to invest in a development, is made only after obtaining appropriate professional advice from a qualified quantity surveyor, accountant, valuer, solicitor and/or financial adviser as relevant.
2.1 Subject to payment of the £69 licence fee and compliance with these Terms, we grant you a non-exclusive, non-transferable licence to use the Tool for your own internal business purposes. The licence is granted on a one-off purchase basis and does not automatically renew or give rise to any recurring subscription fee.
2.2 You must not:
2.3 Each copy of the Tool we issue is recorded against your name or organisation and carries a unique licence reference number embedded within it. This reference exists to help us identify the source of any copy found to have been shared or distributed in breach of these Terms, and its presence does not itself limit any other right or remedy available to us.
2.4 Each £69 purchase grants one licence to the Customer identified on the applicable purchase confirmation. Where the Customer is an organisation, the Tool may be used by that organisation's employees and contractors for its internal business purposes. The Tool must not be provided to or used on behalf of a separate organisation or legal entity unless that entity has purchased its own licence.
3.1 The Tool, including its structure, formulae, design, layout and all associated documentation, is and remains the property of Aberclay Limited (T/A ResiLand). Nothing in these Terms transfers any intellectual property rights in the Tool to you.
3.2 You retain all rights in the data you input into the Tool relating to your own development schemes ("Customer Data"). We do not claim ownership of Customer Data.
4.1 To the fullest extent permitted by law, we exclude all warranties, conditions and representations, whether express or implied, as to the accuracy, completeness, reliability or fitness for purpose of the Tool, save as cannot be excluded by law.
4.2 To the fullest extent permitted by law, we shall not be liable for any loss of profit, loss of business, loss of anticipated savings, loss arising from inaccurate appraisal outputs, or any indirect or consequential loss, arising out of or in connection with your use of, or reliance upon, the Tool.
4.3 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited.
5.1 We will process personal data in accordance with applicable data protection law, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
5.2 For the purposes of administering purchases and issuing licences, we may process the Customer's name, organisation name, email address, telephone number, billing and transaction details, licence reference and correspondence relating to the purchase or use of the Tool. We may also process technical or usage information where this is necessary to deliver, secure or support the Tool.
5.3 We will use personal data to process and administer purchases, issue and manage licences, provide customer support, communicate with Customers about the Tool, maintain records, prevent misuse or unauthorised distribution, comply with legal obligations, and protect our legitimate business interests.
5.4 Depending on the purpose, our lawful basis for processing will include performance of a contract, compliance with a legal obligation, and our legitimate interests in administering and protecting our business and the Tool. Where the law requires consent, we will obtain it.
5.5 We may share personal data with service providers who process data on our behalf, such as payment, email, hosting, IT and professional service providers, where necessary for the purposes described above. We will not sell personal data to third parties.
5.6 We will retain personal data only for as long as reasonably necessary for the purposes for which it was collected, including to administer the licence, comply with legal, accounting and tax requirements, resolve disputes and establish or defend legal claims. Retention periods may therefore vary depending on the type of information.
5.7 Subject to applicable law, individuals have rights in relation to their personal data, including rights to request access, correction, deletion, restriction of processing, objection to certain processing and, where applicable, data portability. Requests should be made to trevor@aberclay.com.
5.8 If you have concerns about our processing of personal data, you may contact the Information Commissioner's Office (ICO). Nothing in these Terms limits any statutory data protection rights.
6.1 The purchase price is £69 per licence, payable once in advance. There are no monthly or annual subscription fees and the licence does not automatically renew.
6.2 Once the purchase has been completed and the Tool has been issued, the licence continues unless ended in accordance with these Terms. We may suspend or terminate the licence if you materially breach these Terms, including by sharing or distributing the Tool in breach of clause 2.
6.3 If the licence is terminated because of your breach, you must cease using the Tool and delete or return copies of the Tool in your possession or control, except that you may retain copies of appraisal outputs already produced for your own records.
6.4 Nothing in these Terms affects any statutory rights you may have, including any rights that apply to consumers under applicable UK consumer protection law.
7.1 We may update, amend or improve the Tool from time to time, including to correct errors or reflect changes in relevant costs, rates or regulations (for example stamp duty bands). We do not guarantee that the Tool will always reflect the most current rates or regulatory position, and it remains your responsibility to verify inputs such as stamp duty, tax treatment and lending rates at the time of use.
7.2 We do not guarantee uninterrupted or error-free operation of the Tool.
8.1 These Terms are governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
Questions about these Terms should be directed to: trevor@aberclay.com