Terms and Conditions of Service

Whole House Terms and Conditions

Welcome to WholeHouse!

We hope that this platform (the “Platform”) will support your business in the development, design and purchase of architectural plans, construction drawings and related materials (the “Architectural Materials”), providing you with greater control through the construction process.

We would like to draw your attention to the following key principles. Please note that this is not an exhaustive list and full details of our terms and conditions can be found below.

Key principles:

To grant you access to the Platform, you agree to Travis Perkins conducting credit checks against you as a company and your employees and/or directors.

Once you have been accepted onto the Platform, you will be issued with one account. From here, you can authorise and administer subsequent accounts under your company for any employees, agents or otherwise. Those accounts and any editing rights are your responsibility.

For the purpose of the Building Regulations 2010 and the Construction (Design & Management) Regulations 2015, you must appoint your own Principal Designer and submit their details on your account. If you fail to appoint a Principal Designer, you will assume this responsibility yourself by default.

Our obligation is to provide Architectural Materials that are i) compliant with building regulations requirements; ii) eligible for a new homes warranty with select providers; and iii) satisfy the relevant EPC requirements. We are not architects but the content has been generated and checked by architects.

You will undertake your own due diligence regarding the suitability of the property in respect of its intended use, plot, site, dimensions, orientation and to the satisfaction of any planning constraints. 

You will also undertake your own due diligence and be responsible for the foundations of the property, access to and egress from the property and any utility connections and other infrastructure. The Architectural Materials solely relate to the design of the property above foundation level.

You are responsible for obtaining planning permission and new home warranty.

You are responsible for ensuring that the Architectural Materials are suitable for properties built within the intended country. We have indicated which designs are suitable for each country within the UK by reference to the relevant flags on the Platform and on the Architectural Materials (the “Designated Country”).

On occasion, we may need to share updates to the Architectural Materials. In order for us to do so, you agree to be contacted by us for a period of 5 years from the purchase of any Architectural Materials.

Travis Perkins may turn off your access to the Platform for any reason and at any time, including failure to pay its invoices.

Your use of the Platform and any purchase of Architectural Materials will be governed by the below terms and conditions and the policies referred to throughout. Any orders for goods and construction components (“Goods) will be governed by our Group Sale Terms by virtue of your trade account.

By registering and continuing to use the Platform, you are deemed to have accepted these terms and conditions.

INFORMATION ABOUT US AND YOU

wholehouse.uk (the “Platform”) is a website operated by Travis Perkins Trading Company Limited ("Travis Perkins") ("we" or “us”), registered in England & Wales under company number 00733503 and our office is located at Ryehill House, Lodge Farm Industrial Estate, Northampton, NN5 7UA. Our VAT number is 408556737.

“You” or “your” is referring to any person and/or company that is granted access to the Platform under clause 3.1 (an “Approved Company”) and uses, views, visits, operates or buys from the Platform on behalf of the company. 


TERMS OF PLATFORM USE & PURPOSE

The Platform is a platform from which an Approved Company can develop, design and purchase architectural plans, construction drawings and related materials (the “Architectural Materials”) with the intention of aiding, supporting and simplifying the construction process. The term “Property” or “Properties” refers to a building or buildings constructed as per the Architectural Materials via the Platform and this service offering. The Platform also has further functionality to assist the Approved Company with managing and monitoring the development of its sites, plots and Properties based on information inputted by the Approved Company.

Based on the Architectural Materials, an Approved Company can submit orders for goods and construction components with Travis Perkins (the “Goods”) to be delivered to the relevant site as per its own build schedule.

Your use of the Platform and any purchases of Architectural Materials are subject to and/or governed by these terms and conditions and the following policies.  By viewing and using this Platform you indicate your acceptance of them and your agreement to be bound by them. Such policies will apply equally to the Platform as it does to any other domains referred to therein:

Privacy Policy which sets out how we will process information about you; and

Cookies Policy which sets out how we will gather information about you and your browsing habits on the Platform; 

Any purchase of Goods from Travis Perkins by any means will be governed by the Travis Perkins Group Sale Terms that are incorporated by virtue of the trade credit accounts.


ACCESSING OUR PLATFORM

The Platform is not a publicly available platform and access is only granted by Travis Perkins in its sole discretion. You acknowledge that, by being considered for access to the Platform and to become an Approved Company, Travis Perkins will undertake due diligence into your company and/or your employees and directors including but not limited to credit checks and background checks, where applicable, irrespective of whether you already hold a trade credit account with Travis Perkins or another company within the Travis Perkins Group. You are deemed to have obtained and given consent from the relevant employees to Travis Perkins to process such personal data in this way for this purpose.

The information on the Platform and the Architectural Materials are solely for use by an Approved Company for Properties located within the Designated Country. We specifically exclude any liability for the use of Architectural Materials in any other country besides the Designated Country and to do so would breach the copyright licence granted to you under clause 16.2.

We may change these terms and conditions from time to time. We will give you notice of any changes by posting those changes on this Platform. Any amended terms and conditions will apply to your use of this Platform from the date they are posted and if you do not agree with the amended terms and conditions, you are entitled to stop using this Platform at that time.

If you breach any of these terms and conditions or exhibit any behaviour that we deem to be inappropriate for an Approved Company including but not limited to failure to pay your invoices, we may take such action as we deem appropriate, including denying you access to this Platform, bringing legal proceedings against you and disclosing such information to appropriate legal and/or regulatory bodies.

We do not guarantee that the Platform will always be accessible but we reserve the right to temporarily or permanently shut down or limit access to the Platform or any part of it, with or without notice, at any time. You agree that we shall not be responsible to you or to anyone else for any such change or other temporary or permanent closure of, or limited access to the Platform.


ACCOUNT INFORMATION AND USER IDENTIFICATION

Travis Perkins will review one application and grant one account on the Platform per Approved Company. Once Travis Perkins has granted the Approved Company access, it is your responsibility to authorise, administer and switch off any subsequent accounts under your company for any of your employees, agents or otherwise, as well as providing access rights to your Principal Designer (details of whom must be submitted on your account). Any additional accounts will automatically mirror the access rights of the original account, including the right to make purchases, unless and until you amend any permissions accordingly. Travis Perkins is not responsible, nor liable in any way, for the authorisation of any additional accounts or the management and monitoring of those accounts. All account management responsibility sits with the Approved Company.

It is your responsibility to ensure the confidentiality and accuracy of your account information including user identifications, passwords or any other information provided as part of our security procedures. You accept responsibility for all activities that occur using accounts connected to your company and your user identifications or passwords and you acknowledge that Travis Perkins shall not be liable to you for any loss or damage which may arise as a result of its failure to keep this information secure.

Whilst you may grant third parties access to your account, such as your architects acting as Principal Designers, you must not share your account with or grant delegated access rights under clause 4.1 to a competing construction company that has not been granted Approved Company status by Travis Perkins.

Travis Perkins is to be notified immediately if a password, user identification or any other information provided as part of our security procedures has become known to anyone else, or if this information is being, or is likely to be, used in an unauthorised manner.


PLATFORM ORDER PROCESS 

Once an Approved Company has finalised its designs, it must pay to download and print the Architectural Materials from the Platform. The Architectural Materials themselves may be divided into a number of packages consistent with the different phases and requirements of the planning and construction process, each of which may attract its own purchase price.

Use of the Architectural Materials and the corresponding copyright licence under clause 16.2 is only permitted on a single-use basis for one Property. A plot number and site address must be assigned to the Architectural Materials on your account but can be reasonably amended where required.  Where more than one Property is intended to be constructed either on the same development or otherwise, further Architectural Materials must be purchased for each subsequent Property regardless of any similarities between the designs.

Any purchases of the Architectural Materials will be subject to a maximum number of twenty downloaded revisions before a further purchase fee is payable. Each revised set of Architectural Materials that is downloaded from the Platform will state the version number for ease of reference.

Any pricing or costs related information is not to be relied upon but provided as guidance only as an indicative price comparison tool. Fluctuations are to be anticipated in relation to but not limited to material costs, labour costs and location variations and we accept no responsibility for any fluctuations.

Any indication within the Architectural Materials of the required quantities of Goods is based on our own estimations and is provided as guidance only. Fluctuations are to be anticipated based on individual use of the Goods and general wastage. Should the estimated quantity be insufficient, you may purchase additional Goods from us as required. Should the estimated quantity be in excess of your requirements, we will discuss any reasonable returns on a case by case basis as per our returns policy in our Group Sale Terms. In both cases, we wish to be notified so that we can refine our estimated quantities for future use.


UPDATES TO PLATFORM CONTENT

Should Travis Perkins determine that any material or element of its Platform requires updating, such updates will automatically push through to your account. If any updates affect Architectural Materials that have been purchased and downloaded, Travis Perkins will provide updated copies free of charge and will notify the email address supplied, prompting the recipient to collect the revised Architectural Materials. If any updates affect the Goods ordered or that have already been utilised, the parties will work together in good faith to resolve any issues based on a reasonable assessment of the impact of any changes on a case-by-case basis. Anticipated updates may affect (but are not limited to) i) the functionality of the Platform - such as the online configurator or the resultant Architectural Materials; or ii) specification of Goods - such as a change in product specification or performance. 

Should you be notified of any changes to the Architectural Materials as per clause 6.1, it is your responsibility to obtain and construct as per the revised Architectural Materials provided. We are not responsible for any Properties constructed based on Architectural Materials that have been superceded.

You are also responsible for seeking the necessary planning consents and selecting a design that satisfies the relevant planning authority. We exclude all liability in this respect.


COMMUNICATIONS

We acknowledge that you and/or your architect may wish to discuss elements of the Architectural Materials with the relevant architectural firm responsible for such materials or a supplier of Goods. By virtue of purchasing the Architectural Materials and further to clause 10.1, you consent for us to share your nominated representative’s contact details with any relevant parties for the purpose of aiding such communications.

Regardless of whether or not you purchase the Goods from Travis Perkins, you agree to stay in communication with us throughout the duration of the design, planning and construction process so that any updates to the Architectural Materials pursuant to clause 6.1 can be shared with you accordingly.

Any general queries regarding WholeHouse ought to be directed to wholehouse@travisperkins.co.uk and any design related queries ought to be directed to wholehousedesign@travisperkins.co.uk. We will endeavour to respond within three working days.


PAYMENT AND CREDIT ACCOUNTS

All Approved Companies must have a valid trade credit account with Travis Perkins to utilise and purchase from the Platform. An Approved Company may request an increase in its credit limit but accepts that Travis Perkins may require it to undergo further credit checks, such as those referred to in clause 3.1 and/or provide further assurances by way of personal guarantees or cross-company guarantees or otherwise in order to approve such requests. Your payment history against your credit account may also have a bearing on our decision. Approval of any credit limit increase requests are at Travis Perkins’ sole discretion and our decision will be full and final. 

Any purchases made via the Platform for Architectural Materials will be credited against the corresponding trade credit account and payable from the point of download. Your usual payment terms will apply. Any failure to pay invoices as per those terms could result in your access to the Platform being suspended or terminated.

Please note that any purchases of the Architectural Materials are non-refundable.


APPROPRIATE USE

Any use of the Platform which, in Travis Perkins’ absolute discretion, is deemed to be inappropriate or unnecessary or not in the spirit of the intention of the Platform will be removed by Travis Perkins and your access to the Platform will be terminated with immediate effect. This includes but is not limited to inappropriate downloads, uploads, document titles, imagery or general Platform usage.


PERSONAL DATA

In order to adequately provide the Platform services, we may need to share a contact name, telephone number and email address for an Approved Company with relevant third parties such as architects and suppliers and/or to process payments via the Platform. Your continued use of the Platform is deemed to be acceptance of this clause unless and until you tell us otherwise.

When you become an Approved Company, you are also agreeing to receive marketing offers regarding the Platform and/or relevant construction materials from Travis Perkins via email. You can unsubscribe from these emails at any time by clicking the "Unsubscribe" link at the bottom of the email and/or indicate your preference to opt out with the tick box on this screen. 

We will process your personal information in accordance with our https://www.travisperkins.co.uk/content/privacy-policy, the terms of which are incorporated into these Platform terms as per clause 2.3.


OUR LIABILITY

Nothing in these terms excludes our liability to you (a) for death or personal injury caused by our negligence; or (b) for fraud or fraudulent misrepresentation.

Subject to the above clause 11.1, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the Architectural Materials is contingent upon you adhering to the correct version of the Architectural Materials and shall be limited to the purchase price.

We shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or loss of anticipated savings, in each case whether direct, indirect or consequential, or any other indirect losses whatsoever and howsoever caused.


WARRANTIES AND ASSURANCES

Travis Perkins is not an architect and is not holding itself out as holding the relevant architectural qualifications or providing a bespoke architectural service. It has instructed a panel of architectural firms to generate the Architectural Materials on its behalf. You warrant that you or a third party that you appoint will assume the role of Principal Designer under the Building Regulations 2010 and the Construction (Design & Management) Regulations 2015 at all times. We exclude all responsibility in this regard.

Subject to the Property being constructed as per the Architectural Materials and in accordance with any stipulations from the new homes warranty provider including but not limited to the suitability of a location (i.e. coastline or mainland site), Travis Perkins has been given assurances that the Architectural Materials will be i) compliant with building regulations requirements; ii) eligible for a new homes warranty with select providers; and iii) satisfy the relevant EPC requirements.

You warrant that you will undertake your own due diligence regarding the suitability and accuracy of the Architectural Materials. You must satisfy yourself that the chosen design is suitable for your intended use, plot, site, dimensions and orientation. You are also responsible for seeking the necessary planning consents and selecting a design that satisfies the relevant planning authority. We exclude all liability in this respect.

You warrant that you will undertake your own due diligence and be responsible for the foundations of the Property, access to and egress from the Property and any utility connections and other infrastructure, all of which are specifically excluded from the Architectural Materials.

You warrant that you will construct the Property as per the Architectural Materials with all due care, skill and ability and in accordance with good industry standards and all applicable laws.

Should you become aware of an issue with the Architectural Materials at any time, you are obligated to notify Travis Perkins as soon as reasonably practicable.

You have no right (and shall not permit any third party) to copy, adapt, amend, modify, adapt, deviate from or make error corrections to the Architectural Materials in whole or in part without our prior written approval. Should you do any of the aforementioned acts, we are not responsible for the Architectural Materials. It will be your responsibility to liaise with the relevant experts and new homes warranty provider to verify whether such modification will affect the Property’s compliance with building regulations or warranty eligibility. We are not responsible for and will not support any applications in this respect.

We are not obligated to provide you with any collateral warranties in relation to the Properties and reserve the right to refuse any requests made. If we do decide to grant a collateral warranty, this will be by exception, in our sole discretion and determined on a case-by-case basis. Any collateral warranties granted will be non-negotiable and in accordance with our standard wording.


VIRUSES AND HACKING

We cannot guarantee uninterrupted access to, the speed or security of the Platform and we shall not be responsible for or liable to you for any loss or damage caused to your computer equipment, programs or data arising as a result of the presence of any viruses, electronic bugs, Trojan horses or other technologically harmful material that may infect your computer due to the use of the Platform.

You warrant that you will not introduce any viruses, electronic bugs, Trojan horses or other technologically harmful material to the Platform directly or indirectly by virtue of your use of the Platform.


PLATFORM SUPPORT, COMPLAINTS AND DISPUTE RESOLUTION

In the event that you require technical IT support in respect of your use of the Platform, please contact us on the following email address and we will revert within three working days - wholehouse@travisperkins.co.uk.

Further to the above, please ensure you supply us with as much information as possible, so we can identify the problem as quickly as we can for you. This should include the following:

Full details of your problem;

If possible, take a screenshot of the error message shown;

Which browser you use e.g. Chrome, Internet Explorer, Firefox, Safari etc.

We may require access to your account to investigate and/or resolve any technical issues. By continuing to utilise the Platform, you consent to us doing so. Such incidents will occur only when it is necessary to do so and you will be notified on each occasion.

If you are dissatisfied with the support provided in response to any query and/or you wish to escalate a complaint, please do so via the following escalation process: 

Firstly liaise with your Travis Perkins account director. 

If your concerns are still not sufficiently addressed, please ask your account director to refer your complaint or concerns to the WholeHouse Commercial Manager. Please provide them with sufficient information regarding your complaint. It may take some time to sufficiently investigate the matter but we will do our best to advise you of timescales where possible. 

If your concerns or complaint is not or cannot be resolved by the WholeHouse Commercial Manager over a four week period of discussions then the matter will be escalated to the WholeHouse Director.


LINKS FROM OUR PLATFORM

Where this Platform contains links to other Platforms or resources from other third parties they are provided for your convenience only. We and our affiliate companies have no control over the content of those sites or resources and we accept no responsibility for them or for any loss or damage that may arise from your use of them.


INTELLECTUAL PROPERTY

All intellectual property on the Platform belongs to us, our affiliates and our suppliers. This includes but is not limited to the copyright in all Platform design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other materials.

Travis Perkins will continue to own the copyright in all materials downloaded from the Platform but, upon payment of the relevant fees as described in clause 5.1, you and your agents will automatically be granted a non-exclusive, non-transferable, royalty free, revocable licence to utilise those materials in the course of construction of each plot in the Designated Country only. This includes the right to share those materials with any necessary parties, such as your own architect. Any other use of materials obtained from this Platform is strictly prohibited without our prior written consent. This licence is terminable at any time for any reason, including utilising the same architectural and construction plans for more than one plot.

All brand names used in the Platform are trade marks or trade names of their respective holders. Your use of any of these names or titles may constitute an infringement of the holders' rights.

Any other materials that you upload to the Platform in connection with your sites and developments will remain your property at all times.


GENERAL

We may receive discounts, commissions, rebates or other forms of remuneration or benefit from the suppliers we have partnered with for WholeHouse when you purchase goods from them based on the Architectural Materials. 

Any notices given pursuant to or in relation to the Platform or any purchases of Architectural Materials shall be in writing and addressed to the party concerned at its principal place of business or last known address. Any notice shall be deemed delivered two days after posting or on the next working day after fax transmission.

Any provision of the contract found to be invalid or unenforceable shall, to such extent, be deemed severable and the remaining provisions of the contract shall continue in full force and effect.

Failure or delay by us in enforcing any contract term shall not be construed as a waiver of any of our rights under the contract.

You shall not be entitled to assign or subcontract any of your rights or obligations under the contract.

Further to clause 3.3, should we make any changes to these terms and conditions, you will be deemed to have accepted the latest version by virtue of your continued use of and purchases from the Platform.

Save for any member company of the Travis Perkins Group who shall be entitled to enforce any provision of the contract, no person who is not a party to the contract shall have a right to enforce any term of the contract which expressly or by implication confers a benefit on that person.

The Platform, all its content and any contract brought into being as a result of its use shall be governed by and construed in accordance with English law. By using the Platform you agree to submit to the exclusive jurisdiction of the English courts.


Updated: October 2023

 

We hope that this platform (the “Platform”) will support your business in the development, design and purchase of architectural plans, construction drawings and related materials (the “Architectural Materials”), providing you with greater control through the construction process.

We would like to draw your attention to the following key principles. Please note that this is not an exhaustive list and full details of our terms and conditions can be found below.

Key principles:

  • To grant you access to the Platform, you agree to Travis Perkins conducting credit checks against you as a company and your employees and/or directors.
  • Once you have been accepted onto the Platform, you will be issued with one account. From here, you can authorise and administer subsequent accounts under your company for any employees, agents or otherwise. Those accounts and any editing rights are your responsibility.
  • For the purpose of the Construction (Design & Management) Regulations 2015, you must appoint your own Principal Designer and submit their details on your account. If you fail to appoint a Principal Designer, you will assume this responsibility yourself by default.
  • Our obligation is to provide Architectural Materials that are i) compliant with building regulations requirements; ii) eligible for a new homes warranty with select providers; and iii) satisfy the relevant EPC requirements. We are not architects but the content has been generated and checked by architects.
  • You will undertake your own due diligence regarding the suitability of the property in respect of its intended use, plot, site, dimensions, orientation and to the satisfaction of any planning constraints. 
  • You will also undertake your own due diligence and be responsible for the foundations of the property, access to and egress from the property and any utility connections and other infrastructure. The Architectural Materials solely relate to the design of the property above foundation level.
  • You are responsible for obtaining planning permission and new home warranty.
  • You are responsible for ensuring that the Architectural Materials are suitable for properties built within the intended country. We have indicated which designs are suitable for each country within the UK by reference to the relevant flags on the Platform and on the Architectural Materials (the “Designated Country”).
  • On occasion, we may need to share updates to the Architectural Materials. In order for us to do so, you agree to be contacted by us for a period of 5 years from the purchase of any Architectural Materials.
  • Travis Perkins may turn off your access to the Platform for any reason and at any time, including failure to pay its invoices.
  • Your use of the Platform and any purchase of Architectural Materials will be governed by the below terms and conditions and the policies referred to throughout. Any orders for goods and construction components (“Goods) will be governed by our Group Sale Terms by virtue of your trade account.

By registering and continuing to use the Platform, you are deemed to have accepted these terms and conditions.


  1. INFORMATION ABOUT US AND YOU
    1. wholehouse.uk (the “Platform”) is a website operated by Travis Perkins Trading Company Limited ("Travis Perkins") ("we" or “us”), registered in England & Wales under company number 00733503 and our office is located at Ryehill House, Lodge Farm Industrial Estate, Northampton, NN5 7UA. Our VAT number is 408556737.
    2. “You” or “your” is referring to any person and/or company that is granted access to the Platform under clause 3.1 (an “Approved Company”) and uses, views, visits, operates or buys from the Platform on behalf of the company. 
  2. TERMS OF PLATFORM USE & PURPOSE
    1. The Platform is a platform from which an Approved Company can develop, design and purchase architectural plans, construction drawings and related materials (the “Architectural Materials”) with the intention of aiding, supporting and simplifying the construction process. The term “Property” or “Properties” refers to a building or buildings constructed as per the Architectural Materials via the Platform and this service offering. The Platform also has further functionality to assist the Approved Company with managing and monitoring the development of its sites, plots and Properties based on information inputted by the Approved Company.
    2. Based on the Architectural Materials, an Approved Company can submit orders for goods and construction components with Travis Perkins (the “Goods”) to be delivered to the relevant site as per its own build schedule.
    3. Your use of the Platform and any purchases of Architectural Materials are subject to and/or governed by these terms and conditions and the following policies.  By viewing and using this Platform you indicate your acceptance of them and your agreement to be bound by them. Such policies will apply equally to the Platform as it does to any other domains referred to therein:
      1. Privacy Policy which sets out how we will process information about you; and
      2. Cookies Policy which sets out how we will gather information about you and your browsing habits on the Platform; Any purchase of Goods from Travis Perkins by any means will be governed by the Travis Perkins Group Sale Terms that are incorporated by virtue of the trade credit accounts.
    4. Any purchase of Goods from Travis Perkins by any means will be governed by the Travis Perkins Group Sale Terms that are incorporated by virtue of the trade credit accounts.
  3. ACCESSING OUR PLATFORM
    1. The Platform is not a publicly available platform and access is only granted by Travis Perkins in its sole discretion. You acknowledge that, by being considered for access to the Platform and to become an Approved Company, Travis Perkins will undertake due diligence into your company and/or your employees and directors including but not limited to credit checks and background checks, where applicable, irrespective of whether you already hold a trade credit account with Travis Perkins or another company within the Travis Perkins Group. You are deemed to have obtained and given consent from the relevant employees to Travis Perkins to process such personal data in this way for this purpose.
    2. The information on the Platform and the Architectural Materials are solely for use by an Approved Company for Properties located within the Designated Country. We specifically exclude any liability for the use of Architectural Materials in any other country besides the Designated Country and to do so would breach the copyright licence granted to you under clause 16.2.
    3. We may change these terms and conditions from time to time. We will give you notice of any changes by posting those changes on this Platform. Any amended terms and conditions will apply to your use of this Platform from the date they are posted and if you do not agree with the amended terms and conditions, you are entitled to stop using this Platform at that time.
    4. If you breach any of these terms and conditions or exhibit any behaviour that we deem to be inappropriate for an Approved Company including but not limited to failure to pay your invoices, we may take such action as we deem appropriate, including denying you access to this Platform, bringing legal proceedings against you and disclosing such information to appropriate legal and/or regulatory bodies.
    5. We do not guarantee that the Platform will always be accessible but we reserve the right to temporarily or permanently shut down or limit access to the Platform or any part of it, with or without notice, at any time. You agree that we shall not be responsible to you or to anyone else for any such change or other temporary or permanent closure of, or limited access to the Platform.
  4. ACCOUNT INFORMATION AND USER IDENTIFICATION
    1. Travis Perkins will review one application and grant one account on the Platform per Approved Company. Once Travis Perkins has granted the Approved Company access, it is your responsibility to authorise, administer and switch off any subsequent accounts under your company for any of your employees, agents or otherwise, as well as providing access rights to your Principal Designer (details of whom must be submitted on your account). Any additional accounts will automatically mirror the access rights of the original account, including the right to make purchases, unless and until you amend any permissions accordingly. Travis Perkins is not responsible, nor liable in any way, for the authorisation of any additional accounts or the management and monitoring of those accounts. All account management responsibility sits with the Approved Company.
    2. It is your responsibility to ensure the confidentiality and accuracy of your account information including user identifications, passwords or any other information provided as part of our security procedures. You accept responsibility for all activities that occur using accounts connected to your company and your user identifications or passwords and you acknowledge that Travis Perkins shall not be liable to you for any loss or damage which may arise as a result of its failure to keep this information secure.
    3. Whilst you may grant third parties access to your account, such as your architects acting as Principal Designers, you must not share your account with or grant delegated access rights under clause 4.1 to a competing construction company that has not been granted Approved Company status by Travis Perkins.
    4. Travis Perkins is to be notified immediately if a password, user identification or any other information provided as part of our security procedures has become known to anyone else, or if this information is being, or is likely to be, used in an unauthorised manner.
  5. PLATFORM ORDER PROCESS 
    1. Once an Approved Company has finalised its designs, it must pay to download and print the Architectural Materials from the Platform. The Architectural Materials themselves may be divided into a number of packages consistent with the different phases and requirements of the planning and construction process, each of which may attract its own purchase price.
    2. Use of the Architectural Materials and the corresponding copyright licence under clause 16.2 is only permitted on a single-use basis for one Property. A plot number and site address must be assigned to the Architectural Materials on your account but can be reasonably amended where required.  Where more than one Property is intended to be constructed either on the same development or otherwise, further Architectural Materials must be purchased for each subsequent Property regardless of any similarities between the designs.
    3. Any purchases of the Architectural Materials will be subject to a maximum number of twenty downloaded revisions before a further purchase fee is payable. Each revised set of Architectural Materials that is downloaded from the Platform will state the version number for ease of reference.
    4. Any pricing or costs related information is not to be relied upon but provided as guidance only as an indicative price comparison tool. Fluctuations are to be anticipated in relation to but not limited to material costs, labour costs and location variations and we accept no responsibility for any fluctuations.
    5. Any indication within the Architectural Materials of the required quantities of Goods is based on our own estimations and is provided as guidance only. Fluctuations are to be anticipated based on individual use of the Goods and general wastage. Should the estimated quantity be insufficient, you may purchase additional Goods from us as required. Should the estimated quantity be in excess of your requirements, we will discuss any reasonable returns on a case by case basis as per our returns policy in our Group Sale Terms. In both cases, we wish to be notified so that we can refine our estimated quantities for future use.
  6. UPDATES TO PLATFORM CONTENT
    1. Should Travis Perkins determine that any material or element of its Platform requires updating, such updates will automatically push through to your account. If any updates affect Architectural Materials that have been purchased and downloaded, Travis Perkins will provide updated copies free of charge and will notify the email address supplied, prompting the recipient to collect the revised Architectural Materials. If any updates affect the Goods ordered or that have already been utilised, the parties will work together in good faith to resolve any issues based on a reasonable assessment of the impact of any changes on a case-by-case basis. Anticipated updates may affect (but are not limited to) i) the functionality of the Platform - such as the online configurator or the resultant Architectural Materials; or ii) specification of Goods - such as a change in product specification or performance. 
    2. Should you be notified of any changes to the Architectural Materials as per clause 6.1, it is your responsibility to obtain and construct as per the revised Architectural Materials provided. We are not responsible for any Properties constructed based on Architectural Materials that have been superceded.
    3. You are also responsible for seeking the necessary planning consents and selecting a design that satisfies the relevant planning authority. We exclude all liability in this respect.
  7. COMMUNICATIONS
    1. We acknowledge that you and/or your architect may wish to discuss elements of the Architectural Materials with the relevant architectural firm responsible for such materials or a supplier of Goods. By virtue of purchasing the Architectural Materials and further to clause 10.1, you consent for us to share your nominated representative’s contact details with any relevant parties for the purpose of aiding such communications.
    2. Regardless of whether or not you purchase the Goods from Travis Perkins, you agree to stay in communication with us throughout the duration of the design, planning and construction process so that any updates to the Architectural Materials pursuant to clause 6.1 can be shared with you accordingly.
    3. Any general queries regarding WholeHouse ought to be directed to wholehouse@travisperkins.co.uk and any design related queries ought to be directed to wholehousedesign@travisperkins.co.uk. We will endeavour to respond within three working days.
  8. PAYMENT AND CREDIT ACCOUNTS
    1. All Approved Companies must have a valid trade credit account with Travis Perkins to utilise and purchase from the Platform. An Approved Company may request an increase in its credit limit but accepts that Travis Perkins may require it to undergo further credit checks, such as those referred to in clause 3.1 and/or provide further assurances by way of personal guarantees or cross-company guarantees or otherwise in order to approve such requests. Your payment history against your credit account may also have a bearing on our decision. Approval of any credit limit increase requests are at Travis Perkins’ sole discretion and our decision will be full and final. 
    2. Any purchases made via the Platform for Architectural Materials will be credited against the corresponding trade credit account and payable from the point of download. Your usual payment terms will apply. Any failure to pay invoices as per those terms could result in your access to the Platform being suspended or terminated.
    3. Please note that any purchases of the Architectural Materials are non-refundable.
  9. APPROPRIATE USE
    1. Any use of the Platform which, in Travis Perkins’ absolute discretion, is deemed to be inappropriate or unnecessary or not in the spirit of the intention of the Platform will be removed by Travis Perkins and your access to the Platform will be terminated with immediate effect. This includes but is not limited to inappropriate downloads, uploads, document titles, imagery or general Platform usage.
  10. PERSONAL DATA
    1. In order to adequately provide the Platform services, we may need to share a contact name, telephone number and email address for an Approved Company with relevant third parties such as architects and suppliers and/or to process payments via the Platform. Your continued use of the Platform is deemed to be acceptance of this clause unless and until you tell us otherwise.
    2. When you become an Approved Company, you are also agreeing to receive marketing offers regarding the Platform and/or relevant construction materials from Travis Perkins via email. You can unsubscribe from these emails at any time by clicking the "Unsubscribe" link at the bottom of the email and/or indicate your preference to opt out with the tick box on this screen. 
    3. We will process your personal information in accordance with our https://www.travisperkins.co.uk/content/privacy-policy, the terms of which are incorporated into these Platform terms as per clause 2.3.
  11. OUR LIABILITY
    1. Nothing in these terms excludes our liability to you (a) for death or personal injury caused by our negligence; or (b) for fraud or fraudulent misrepresentation.
    2. Subject to the above clause 11.1, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the Architectural Materials is contingent upon you adhering to the correct version of the Architectural Materials and shall be limited to the purchase price.
    3. We shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or loss of anticipated savings, in each case whether direct, indirect or consequential, or any other indirect losses whatsoever and howsoever caused.
  12. WARRANTIES AND ASSURANCES
    1. Travis Perkins is not an architect and is not holding itself out as holding the relevant architectural qualifications or providing a bespoke architectural service. It has instructed a panel of architectural firms to generate the Architectural Materials on its behalf. You warrant that you or a third party that you appoint will assume the role of Principal Designer under the Construction (Design & Management) Regulations 2015 at all times. We exclude all responsibility in this regard .
    2. Subject to the Property being constructed as per the Architectural Materials and in accordance with any stipulations from the new homes warranty provider including but not limited to the suitability of a location (i.e. coastline or mainland site), Travis Perkins has been given assurances that the Architectural Materials will be i) compliant with building regulations requirements; ii) eligible for a new homes warranty with select providers; and iii) satisfy the relevant EPC requirements.
    3. You warrant that you will undertake your own due diligence regarding the suitability and accuracy of the Architectural Materials. You must satisfy yourself that the chosen design is suitable for your intended use, plot, site, dimensions and orientation. You are also responsible for seeking the necessary planning consents and selecting a design that satisfies the relevant planning authority. We exclude all liability in this respect.
    4. You warrant that you will undertake your own due diligence and be responsible for the foundations of the Property, access to and egress from the Property and any utility connections and other infrastructure, all of which are specifically excluded from the Architectural Materials.
    5. You warrant that you will construct the Property as per the Architectural Materials with all due care, skill and ability and in accordance with good industry standards and all applicable laws.
    6. Should you become aware of an issue with the Architectural Materials at any time, you are obligated to notify Travis Perkins as soon as reasonably practicable.
    7. You have no right (and shall not permit any third party) to copy, adapt, amend, modify, adapt, deviate from or make error corrections to the Architectural Materials in whole or in part without our prior written approval. Should you do any of the aforementioned acts, we are not responsible for the Architectural Materials. It will be your responsibility to liaise with the relevant experts and new homes warranty provider to verify whether such modification will affect the Property’s compliance with building regulations or warranty eligibility. We are not responsible for and will not support any applications in this respect.
    8. We are not obligated to provide you with any collateral warranties in relation to the Properties and reserve the right to refuse any requests made. If we do decide to grant a collateral warranty, this will be by exception, in our sole discretion and determined on a case-by-case basis. Any collateral warranties granted will be non-negotiable and in accordance with our standard wording.
  13. VIRUSES AND HACKING
    1. We cannot guarantee uninterrupted access to, the speed or security of the Platform and we shall not be responsible for or liable to you for any loss or damage caused to your computer equipment, programs or data arising as a result of the presence of any viruses, electronic bugs, Trojan horses or other technologically harmful material that may infect your computer due to the use of the Platform.
    2. You warrant that you will not introduce any viruses, electronic bugs, Trojan horses or other technologically harmful material to the Platform directly or indirectly by virtue of your use of the Platform.
  14. PLATFORM SUPPORT, COMPLAINTS AND DISPUTE RESOLUTION
    1. In the event that you require technical IT support in respect of your use of the Platform, please contact us on the following email address and we will revert within three working days - wholehouse@travisperkins.co.uk.
    2. Further to the above, please ensure you supply us with as much information as possible, so we can identify the problem as quickly as we can for you. This should include the following:
      1. Full details of your problem;
      2. If possible, take a screenshot of the error message shown;Which browser you use e.g. Chrome, Internet Explorer, Firefox, Safari etc.
      3.  Which browser you use e.g. Chrome, Internet Explorer, Firefox, Safari etc.
    3. We may require access to your account to investigate and/or resolve any technical issues. By continuing to utilise the Platform, you consent to us doing so. Such incidents will occur only when it is necessary to do so and you will be notified on each occasion.
    4. If you are dissatisfied with the support provided in response to any query and/or you wish to escalate a complaint, please do so via the following escalation process: 
      1. Firstly liaise with your Travis Perkins account director. 
      2. If your concerns are still not sufficiently addressed, please ask your account director to refer your complaint or concerns to the WholeHouse Commercial Manager. Please provide them with sufficient information regarding your complaint. It may take some time to sufficiently investigate the matter but we will do our best to advise you of timescales where possible. 
      3. If your concerns or complaint is not or cannot be resolved by the WholeHouse Commercial Manager over a four week period of discussions then the matter will be escalated to the WholeHouse Director.
  15. LINKS FROM OUR PLATFORM
    1. Where this Platform contains links to other Platforms or resources from other third parties they are provided for your convenience only. We and our affiliate companies have no control over the content of those sites or resources and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
  16. INTELLECTUAL PROPERTY
    1. All intellectual property on the Platform belongs to us, our affiliates and our suppliers. This includes but is not limited to the copyright in all Platform design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other materials.
    2. Travis Perkins will continue to own the copyright in all materials downloaded from the Platform but, upon payment of the relevant fees as described in clause 5.1, you and your agents will automatically be granted a non-exclusive, non-transferable, royalty free, revocable licence to utilise those materials in the course of construction of each plot in the Designated Country only. This includes the right to share those materials with any necessary parties, such as your own architect. Any other use of materials obtained from this Platform is strictly prohibited without our prior written consent. This licence is terminable at any time for any reason, including utilising the same architectural and construction plans for more than one plot.
    3. All brand names used in the Platform are trade marks or trade names of their respective holders. Your use of any of these names or titles may constitute an infringement of the holders' rights.
    4. Any other materials that you upload to the Platform in connection with your sites and developments will remain your property at all times.
  17. GENERAL
    1. We may receive discounts, commissions, rebates or other forms of remuneration or benefit from the suppliers we have partnered with for WholeHouse when you purchase goods from them based on the Architectural Materials. 
    2. Any notices given pursuant to or in relation to the Platform or any purchases of Architectural Materials shall be in writing and addressed to the party concerned at its principal place of business or last known address. Any notice shall be deemed delivered two days after posting or on the next working day after fax transmission.
    3. Any provision of the contract found to be invalid or unenforceable shall, to such extent, be deemed severable and the remaining provisions of the contract shall continue in full force and effect.
    4. Failure or delay by us in enforcing any contract term shall not be construed as a waiver of any of our rights under the contract.
    5. You shall not be entitled to assign or subcontract any of your rights or obligations under the contract.
    6. Further to clause 3.3, should we make any changes to these terms and conditions, you will be deemed to have accepted the latest version by virtue of your continued use of and purchases from the Platform.
    7. Save for any member company of the Travis Perkins Group who shall be entitled to enforce any provision of the contract, no person who is not a party to the contract shall have a right to enforce any term of the contract which expressly or by implication confers a benefit on that person.
    8. The Platform, all its content and any contract brought into being as a result of its use shall be governed by and construed in accordance with English law. By using the Platform you agree to submit to the exclusive jurisdiction of the English courts.


Updated: October 2023

 

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