Terms of service

About these terms

These terms are an agreement between Peter Priest, trading as Upstream, ("we") and the business that signs up to Upstream ("you"). Upstream is for business use only. By starting a trial or subscription you confirm you're using it for your business and that you can agree to these terms on its behalf.

Free trial and subscription

• New accounts get a free trial, normally 14 days, or the length we've agreed with you. No card is needed to start.
• To keep using Upstream after the trial, add a card. Your subscription then renews monthly in advance at the price shown on our pricing page or the price we've agreed with you in writing.
• Prices exclude VAT, which we'll add if we're registered for it.
• You can cancel at any time from the Billing page. Your access continues to the end of the month you've paid for; we don't refund part months.
• We may change prices with at least 30 days' notice by email. You can cancel before the change if you don't want to continue.
• Letters we print and post for you are charged separately at the price shown when you order them.

The data and what it means

Upstream combines public data with our own estimates, including values, bedroom counts and how likely an owner is to sell. These are indications to help you decide who to contact, not advice or valuations you can rely on. Public data can be out of date or wrong. Check anything important before acting on it. We don't promise that any owner wants to sell or that you'll make any deal.

Your responsibilities

• Follow the law when you contact owners, investors or anyone else, including UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations. In particular: don't make unsolicited marketing calls to numbers registered with the Telephone Preference Service, and don't send marketing texts or emails or make automated calls to individuals without their consent.
• Property sourcing is estate agency work. You're responsible for having HMRC anti-money-laundering supervision, membership of a redress scheme, ICO registration and anything else your business needs.
• Honour every opt-out. Keep your suppression list up to date and don't contact anyone who has asked you not to.
• Don't use Upstream to harass or pressure anyone, or for anything unlawful.
• Don't copy, resell or scrape our data, or let anyone outside your business use your account.
• Keep your login secure and tell us straight away if you think someone else has used it.

Data protection

For personal data you add to Upstream (for example owners' names and phone numbers, or investor details) you are the controller and we are your processor. We will: only process it to provide Upstream and on your instructions; keep it confidential and secure; use only the suppliers listed in our privacy policy, under contracts with the same protections; help you respond to people exercising their rights; tell you without undue delay if we become aware of a breach affecting it; and, when your account closes, give you 90 days to export it before we delete it. You're responsible for having a lawful basis for the data you add and for how you use it.

Licences

Upstream contains HM Land Registry data © Crown copyright and database right, licensed under the Open Government Licence v3.0, and data from the energy performance certificate register and the ONS postcode directory. Some address data may be subject to other licence terms. You may use what you see in Upstream for your own business but must not redistribute the underlying data in bulk.

Availability and changes

We work to keep Upstream running and accurate, but we can't promise it will always be available or free of errors. We may improve or change features over time; if we remove something important to you, you can cancel.

Liability

We're not liable for indirect or consequential losses, or for lost profits, deals, business or goodwill. Our total liability to you in any 12 months is limited to the fees you paid us in that period. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that can't be limited by law.

Suspension and ending

We may suspend or close an account that isn't paid, or that's used in breach of these terms, for example for unlawful marketing. Where we can, we'll tell you first and give you a chance to put it right. You can end the agreement at any time by cancelling your subscription.

Changes to these terms

We may update these terms. We'll email customers about important changes at least 30 days before they apply.

Law

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction.