Terms and Conditions
By using this Site whether as a subscriber, a visitor or otherwise, or by using any of the services contained within the Site including but not limited to logging in, accessing a webpage or performing a search, you must accept these terms and conditions of use.
Definitions and Terms of Contract
In these Terms and Conditions the following words and phrases will have the meanings set out below:
'Content' means content, data, maps and information which form part of or are included in the Products, including without limitation, Content provided by Data Providers;
'Customer' means the party to which the goods are to be supplied or service rendered by the supplier. May also be referred to as the 'User'.
'Data Provider' means any third party supplier providing maps, data or information directly or indirectly to the Supplier.
'Intellectual Property' means any patent, copyright, registered design rights, service marks, moral rights, data protection rights, know-how, trade mark or other intellectual property rights held by the Supplier or any Data Providers and contained in the Products;
'Reverse Engineer' means to dismantle a computer program, product or algorithm in order to determine how it works.
'Site' means any of the images, written material, databases or other material available at the internet address "www.ElvethamHeathProperty.com" or "www.ElvethamHeathProperty.co.uk"
'Supplier' for the purposes of these conditions means Elvetham Heath Property Limited and the service rendered by the supplier is referred to as the 'the Customer'.
Copyright
All copyright, database rights and other intellectual property rights in all the material which comprise the Service including but not limited to design, structure, layouts, graphical images and underlying software code (collectively the "Content") belongs to ElvethamHeathProperty.com or its licensors. All rights are reserved, except for the limited licensed rights expressly granted below.
The Customer acknowledges that, except as otherwise agreed between the parties in writing, copyright and all other intellectual property rights in the Service shall remain with ElvethamHeathProperty.com or third party owner of such rights. The Customer shall have and shall gain no rights of ownership therein.
1. Registration
1.1 You agree and warrant that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete and that you will ensure that this information is kept accurate and up to date at all times.
2. Password and Security
2.1 When you register to use ElvethamHeathProperty.com you will be asked to create a password. It is your responsibility to choose a secure password. You must keep this password confidential and must not disclose it to or share it with anyone. YOU WILL BE RESPONSIBLE for all activities that occur under your password. If you know or suspect that someone else knows your password you should notify us immediately. The supplier will not be responsible for any abuse of passwords.
3. Privacy Policy
3.1 We treat your privacy very seriously and we understand that you will wish to know how we will use the information we collect from you. Please
click here to access our privacy policy, which forms part of these Terms of Service. All use of your personal information will be in accordance with our Privacy Policy and will comply with all applicable UK data protection legislation.
4. Your use of ElvethamHeathProperty.com
4.1 You alone are responsible for your use of ElvethamHeathProperty.com and the consequences of any such use. By using ElvethamHeathProperty.com you agree to comply with the following guidelines:
(a) ElvethamHeathProperty.com is to be used for your personal use only and the use of ElvethamHeathProperty.com
to obtain financial gain is prohibited, except where
a valid service agreement is in operation.
(b) ElvethamHeathProperty.com may only be accessed manually. The use of automated agents, robots, or automated software, other than search engine spiders, to view the site is specifically forbidden.
(c) You may not attempt to build a copy of our data or reverse engineer our processes.
(d) Where address information is provided by ElvethamHeathProperty.com on ElvethamHeathProperty.com,
in search results and property details, you may not use such information to contact
any party.
(e) You may use ElvethamHeathProperty.com and any printed documents, for your own research, study or other uses that do not infringe the copyright of ElvethamHeathProperty.com.
You may not publish or reproduce any part of the data or work derived from the data without our specific prior written permission. Such permission will either be clearly stated on ElvethamHeathProperty.com or may be requested by post or email.
(f) ElvethamHeathProperty.com may not be used to send chain letters, junk mail, 'spam', solicitations (commercial or non-commercial) or bulk communications of any kind.
(g) You must not use ElvethamHeathProperty.com or any part of ElvethamHeathProperty.com in a way that might reasonably be expected to cause the same to be interrupted, damaged, rendered less efficient or which could in any way damage the operation of another's computer.
5. Intellectual Property
5.1 ElvethamHeathProperty.com, its contents and all Rights therein are owned by ElvethamHeathProperty.com. "Rights" means copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, anywhere in the world. You acknowledge that (i) ElvethamHeathProperty.com is protected by Rights; (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, these Terms of Service and applicable copyright, trademark and other laws govern your use of such Rights.
5.2 You may view, print, download or temporarily store extracts from ElvethamHeathProperty.com
for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any ElvethamHeathProperty.com material or content. You acknowledge that you will not acquire any Rights by downloading or otherwise using any ElvethamHeathProperty.com
content or materials.
5.3 By submitting content, to any "public area" of ElvethamHeathProperty.com, including property listings, message boards, forums, and contests, you grant ElvethamHeathProperty.com a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also permit any users to access, display, view, store and reproduce such content for personal use.
5.4 By submitting content, you also warrant that you are entitled and have all necessary rights to grant the licences stated above. Subject to the foregoing, the owner of such content placed on ElvethamHeathProperty.com retains any and all Rights that may exist in such content.
6. Data Protection
6.1 The supplier may place information concerning the Customer on a computerised directory of internal use only. The supplier will never disclose a Customers details to any third party unless required to by law, unless specifically instructed to the contrary by the Customer.
6.2 In creating interfaces onto the World Wide Web, the supplier enables either unlimited or secure access to information contained within the Customer's premises or computers. It is the responsibility of the Customer to define precisely the degree of security access to be enacted and the supplier denies all liability both legally and for consequential damages and all forms of economic loss should commercial loss or damage occur as a result of unauthorised access to the Customer's computers.
7. Third Party Web Sites, Goods and Services
7.1 ElvethamHeathProperty.com provides links to third party web sites that are not affiliated with ElvethamHeathProperty.com (although ElvethamHeathProperty.com branding, advertisements or links may appear on these sites). We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links or any goods or services available from such sites, and no such representations should be inferred or construed whether from such provision or otherwise.
7.2 All matters concerning any goods and services that you purchase from a third party site, including, without limitation all contract terms are solely between you and the owner of that site and ElvethamHeathProperty.com will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against ElvethamHeathProperty.com
with respect to any such sites. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
7.3 Subject to the terms of our Privacy Policy, ElvethamHeathProperty.com may, from time to time, send e-mail messages to you containing advertisements or promotions including links to third parties. ElvethamHeathProperty.com makes no representation or warranty with respect to the quality, suitability, or functionality of any goods or services which may be obtained from third parties as a consequence of these e-mails, and you agree that ElvethamHeathProperty.com shall have no liability with respect thereto.
8 Disclaimer of Warranties and Limitation of Liability
8.1 ElvethamHeathProperty.com is provided on an "as is" and "as available" basis. ElvethamHeathProperty.com
expressly disclaims all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.
8.2 You understand and agree that ElvethamHeathProperty.com does not warrant or guarantee the accuracy or completeness of any information in or provided in connection with ElvethamHeathProperty.com. ElvethamHeathProperty.com is not responsible for any errors or omissions or for the results obtained from the use of such information. Whilst ElvethamHeathProperty.com
is provided for the general information of the general public, all information is provided on the basis that ElvethamHeathProperty.com, its employees and consultants and its subscribers (while such subscribers are participating in ElvethamHeathProperty.com),
are not engaged in rendering legal, financial or other professional services or advice. Data and information in or provided in connection with ElvethamHeathProperty.com
should not be relied upon for any commercial or business transaction or investment or for any similar purpose. ElvethamHeathProperty.com strongly advises you to seek appropriate professional advice before entering into any such transaction. Any information is of a general nature and may not necessarily be suitable for any individual purpose.
8.3 ElvethamHeathProperty.com shall not be responsible for any loss or damage caused directly or indirectly, by the information or ideas contained, suggested or referenced on ElvethamHeathProperty.com. Your participation in ElvethamHeathProperty.com is solely at your own risk. No advice or information, whether oral or written, obtained by you from ElvethamHeathProperty.com
or through ElvethamHeathProperty.com shall create any warranty not expressly made in these
terms of service or imposed by law.
8.4 The Supplier shall not be liable for any errors or inaccuracies or incompleteness in or reliance on, any data or materials supplied to Supplier by a Data Provider, nor for any errors, inaccurate statement or risk rating in, or reliance on, a Product, which resulted from such data.
9. Application performance
9.1 The Supplier shall use its best endeavours to create computer software products as agreed to be supplied to the Customer and shall offer a warranty as described herein. The supplier warrants that the product delivered to the Customer shall perform according to the logical structure, which enables the processes therein to function correctly. However the supplier denies all liability for the timely operation of the product when used within an Internet environment, where the Customer or third party is providing the computer equipment upon which the product is to reside or depend upon for any part of its functionality.
9.2 By confirmation of contract with the supplier, the Customer specifically confirms his understanding that the timely operation of the Internet and world wide web is governed by constraints beyond the control of either party, and that the supplier is not liable for perceived slow operation of an application written for the Customer, and accepts that from time to time the supplier may offer advice upon amendments which may become necessary to improve the perceived speed of operation.
10. Fair Use Policy
You must not make more than 500 searches on the site in any one week withour our permission.
You must not re-publish any of our content without our express permission.
You may link to our web site and use our logo for positive promotional purposes
only.
You will not attempt to reverse engineer or use the funtionality on our site on your own web sites without our permission.
11. Termination & Remedies for Breach of these Terms by You
11.1 ElvethamHeathProperty.com will be entitled to terminate your subscription or deny you access
to ElvethamHeathProperty.com without notice in the event of a serious breach of these Terms and Conditions
11.2 ElvethamHeathProperty.com will be entitled to restrict, suspend or terminate your subscription or deny you access to ElvethamHeathProperty.com or take such other action as ElvethamHeathProperty.com
deems appropriate if ElvethamHeathProperty.com determines that you are in breach any of the Terms of Service or ElvethamHeathProperty.com considers in that your use of ElvethamHeathProperty.com
is inappropriate or otherwise unacceptable. In such a case two weeks notice will be given.
11.3 The restriction, suspension or termination of our service pursuant to this section will be without prejudice to any rights which ElvethamHeathProperty.com may have
against you in respect of your breach of these Terms of Service.
11.4 ElvethamHeathProperty.com shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as ElvethamHeathProperty.com in its sole discretion considers reasonably necessary or appropriate.
12. Force Majeure
Neither party is liable for delay in meeting its obligations due to any cause outside its reasonable control including Acts of God, riot, war, malicious acts of damage, fires, electricity supply failure, Government authority.
13. Indemnification
You agree to indemnify and hold each of ElvethamHeathProperty.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of ElvethamHeathProperty.com, the violation of these Terms of Service by you, or the infringement by you, or any other person, of your account, or of any intellectual property or other right of any other person or entity.
14. Interpretation and Jurisdiction
These items shall be construed in accordance with English law and the supplier and the Customer shall submit to the Jurisdiction of the English Courts. Should contradiction occur or be implied with the laws of the European Community, then the parties agree to be bound by the findings of the higher court as shall be defined in statute at the time in English law. Except as provided for herein, and other than where the Customer is a consumer as defined in the Unfair Contract Terms Act 1977, all conditions and warranties in respect of sales by the supplier whether express or applied by common law or by the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 are excluded to the fullest extent permitted by law and the Customers' attention is drawn to this clause.
15. Right to Assign
ElvethamHeathProperty.com may assign its rights and obligations under these Terms of Service and upon such assignment ElvethamHeathProperty.com shall be relieved of any further obligation under these Terms of Service.
16. Entire Agreement
These Terms and conditions of use and the Privacy Policy constitute the entire agreement between you and us as to your use of ElvethamHeathProperty.com and supersede all prior agreements and understandings between you and us.
Privacy Policy
When you access ElvethamHeathProperty.com
ElvethamHeathProperty.com uses cookies to store and collect
information about your usage of the site in order to enhance your online experience
and to help us improve the quality of our services.
- When you access ElvethamHeathProperty.com, your computer automatically sends us information
such as the URL on our site you have visited, your IP address,
your browser type and language, and the date and time of your request.
- If you perform a search on ElvethamHeathProperty.com, your searches are logged and may be
used internally, so as to better personalise our service to you.
When you Subscribe to ElvethamHeathProperty.com
- Your personal details will never be passed onto any other companies or third
parties including affiliates and will never be added to any third party mailing
lists or databases.
- ElvethamHeathProperty.com collects personal information
when you register on the site. Your information will be stored confidentially by
us and only used by ElvethamHeathProperty.com in order to provide you with access
to our services and information that we believe will interest
you.
- If you register for our email alert service, your
preferences are logged so that we are able to update you with the
most relevant information.
When you Contact Us
- If you contact us via email, your details and a history of the communication will
be stored by us in order for us to deal with enquiries adequately and improve our
customer support services.
Links and Affiliated sites
- ElvethamHeathProperty.com contains hypertext links to other sites, advertisers and other
third parties. By clicking on any of these links, you are leaving the ElvethamHeathProperty.com
website. ElvethamHeathProperty.com has no control over the information collected by any
third party after you have left the ElvethamHeathProperty.com website. ElvethamHeathProperty.com
encourages you to read their privacy policies.
- The data collection and usage practices of any third party linked to ElvethamHeathProperty.com
are not covered by this Privacy Policy. ElvethamHeathProperty.com assumes no liability and
is not responsible for any practices of such third party web sites, including their
privacy practices or content.
Protecting your Information
- We use a secure server situated in a secure data centre to protect all the
information you provide us with. We have invested heavily in equipment and highly
qualified staff to ensure all information you enter is protected from access by
any third party and only necessary and restricted access is available internally.
We also protect all our connections to the Internet using various security measures
including firewalls and regular security audits on all our servers.
Contacting ElvethamHeathProperty.com
If you have any questions about this privacy statement, the practices of this site,
or your dealings with this website, you may contact us.