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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING www.bennett-hall.co.uk (herein referred to as “Website”).
YOUR ATTENTION IS DRAWN IN PARTICULAR TO CLAUSE 7 (WARRANTY) AND CLAUSE 8 (LIABILITY).
1.1 We are Bennett & Hall Estate Agency Ltd (Company Number: 1977825). Our registered address is 843a Finchley Road, London, NW11 (herein referred to as “we” or “us” or “our”). Our VAT number is 230 1210 44.
1.2 These terms and conditions are deemed to include our privacy policy and are collectively known as the “Terms”.
1.3 When you use this Website, you agree to be bound by these Terms. Please read these Terms carefully before you start to use our Website.
1.4 If you do not agree to be bound by these Terms, you must not use this Website. A reference to “you” or “your” is a reference to the user of this Website.
1.5 Certain uses of this Website are prohibited and amount to a misuse of our systems and the Website. Please refer to clause 3 for further details.
1.6 We recommend that you print and keep a copy of these Terms; they are a legally binding agreement between you and us.
1.7 We reserve the right to change these Terms at our discretion by updating them on the Website. The then current version of these Terms will apply whenever you use this Website.
Please check this page from time to time and take notice of any changes.
2.1 The copyright and all other intellectual property rights in this Website (including all database rights, trademarks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). All rights are reserved.
2.2 Subject to clause 3, you may download material from this Website for the sole purpose of using this Website. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Website without our prior written consent.
2.3 The www.bennett-hall.co.uk logo and the company name Bennett & Hall Estate Agency Ltd are our registered trademarks. You must not use or copy them without our prior written consent.
2.4 This Website contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Website, you do so at your own risk.
3.1 You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Website and that your computer system is compatible with this Website.
3.2 You must not misuse our system or this Website. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Website, or attempt to carry out any of the foregoing. This includes introducing viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful.
3.3 You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Website, or to search, display or obtain links to any part of this Website, other than the home page at Bennett & Hall Estate Agency Ltd, unless the automated program identifies itself uniquely in the User Agent field and is fully compliant with the Robots Exclusion Protocol (a “Permitted Program”). Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our system and this Website. Obtaining access to any part of our system or this Website by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.
3.4 You must not include links to this Website in any other website without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other “deep link” to any page on this Website. You may link to our home page at Bennett & Hall Estate Agency Ltd provided that you do so in a way that does not (in our reasonable opinion) damage our reputation or expose us to risk. We reserve the right to withdraw linking permission without notice and without giving a reason.
3.5 You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Website.
3.6 Whenever you make use of features that allow you to upload content to our Website, or to make contact with other users via our Website, you must comply with the content standards set out in these Terms. Please see clause 4 below. You warrant that any such contribution does comply with the standards mentioned in clause 4 and you will be liable to us and indemnify us against any breach of this warranty.
4.1 All content that you upload to our Website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our Website breaches that third-parties legal right(s).
4.2 The views expressed by users on our Website do not represent our views or values.
4.3 All content that you upload to our Website must:
4.3.1 Be accurate (where you state facts);
4.3.2 Be genuinely held (where you state opinions); and
4.3.3 Comply with the applicable law of the country from which they were posted.
4.4 Your content must not:
4.4.1 Contain any material which is defamatory of any person;
4.4.2 Contain any material which is obscene, offensive, hateful, discriminatory, unethical, immoral or inflammatory; or
4.4.3 Contain any material which does or could potentially infringe the intellectual property rights of a third party.
4.5 We will determine in our discretion whether there has been a breach of this clause 4. Where a breach of this policy has occurred we may take such action as we deem appropriate. This action may include the following:
4.5.1 Immediate, temporary or permanent withdrawal of your right to use our Website;
4.5.2 Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
4.5.3 Further legal action against you; and
4.5.4 Disclosure of such information to law enforcement or authorities as we reasonably feel necessary.
4.6 In addition to all of our rights set out above, we reserve the right to take down any content that you upload to our Website at any time without notice and without having to give a reason.
5.1 While we take all reasonable care to ensure that the information contained on this Website is accurate, however, we cannot guarantee its accuracy and we reserve the right to change the information on this Website (including these terms and conditions) at any time.
5.2 We make no representations or warranties of any kind with respect to this website or the content contained on it, including any text, graphics, advertisements, links or other items.
5.3 Furthermore, neither we nor any other contributor to this website make any representation or gives any warranty, condition, undertaking or term either expressed or implied as to the condition, quality, performance, accuracy, fitness for purpose, completeness or freedom from viruses of the content contained on this website or that such content will be accurate, up to date, uninterrupted or error free.
5.4 Nothing on this website shall be regarded or taken as financial advice.
6.1 Whilst we endeavour to ensure that any material available for downloading from this Website is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
6.2 Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Website will be uninterrupted or error free. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
6.3 The information provided on this Website is for general interest only and does not constitute specific advice.
6.4 We make no warranties or representations that the property information on this is the case. Website is correct, accurate or up-to-date.
6.5 We make no warranty or guarantee that the Website or information available over it complies with laws other than those of England.
6.6 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
7.1 Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
7.2 Subject to clause 7.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
7.3 Subject to clause 7.1, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), and breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
7.3.1 Use of, or inability to use, our Website; or
7.3.2 Use of or reliance on any content or information displayed on our Website.
7.4 Subject to clauses 7.1 to 7.5 inclusive, if you are a business we shall not be liable to you for:
7.4.1 Any indirect, consequential, special or punitive loss, damage, costs and expenses;
7.4.2 Loss of profit;
7.4.3 Loss of business;
7.4.4 Loss of reputation;
7.4.5 Depletion of goodwill; or
7.4.6 Loss of, damage to or corruption of data.
7.5 We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Website or to your downloading of any content on it or any website linked to it.
8.1 All notices shall be given to us, by email at info@bennett-hall.co.uk or by post to our address provided at the beginning of these Terms.
8.2 All notices sent by email will be deemed to have been received on the day that they are sent or, if sent on a national holiday in England or on a Saturday or Sunday, the next working day following the day on which the email was sent. All notices sent by post will be deemed to have been received 3 working days after the date of posting.
9.1 We may from time to time change the content of this Website or suspend or discontinue any aspect of this Website, which may include your access to it. Any amendments to these Terms will be made available.
9.2 We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
9.3 If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
9.4 If you are a consumer user, please note that these Terms and their subject matter and formation (including any non-contractual dispute or claim) are governed by English Law.
9.5 You and we both agree that the Terms and use of this Website shall be governed by the laws of England and Wales and that any and all disputes arising there from shall be subject to the exclusive jurisdiction of the English courts.
9.6 If you are a business user, these Terms and their subject matter and formation (including any non-contractual disputes or claims) are governed by English law and will be subject to the exclusive jurisdiction of the English courts.
10.1 We follow strict security procedures in the storage and disclosure of personal information in order to prevent unauthorised access.
10.2 Personal Data is held on our contacts and administration database either because of work we have undertaken or are currently engaged in, or because we believe that clients may be interested in receiving material from us about our business and services.
10.3 As such we hold client contact details and the history of our client relationship. This allows us to manage our client relationships effectively and target items of interest so that you do not receive unwanted material through the post.
10.4 In accordance with your rights under the Act, you may request the amendment of the personal information held or to cease receiving direct marketing materials. We does not sell, rent or deal in the personal information we hold. Information may, in the ordinary course of business, move between us, associated companies and to our contractors, which may involve the transfer of data outside the European Economic Area.
11.1 To contact us, please email info@bennett-hall.co.uk or by post to our address shown at the beginning of these Terms.
Thank you for visiting our Website.
Bennett & Hall Estate Agency Ltd is an Introducer Appointed Representative of Homelet, which is authorised and regulated by the Financial Conduct Authority (FCA). See www.fca.gov.uk/register for further details.
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