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Terms & Conditions for the Use of the Website

These Terms and Conditions apply to all websites created or controlled by Land & Brand New Homes (“L&BNH”), registered as R W Hilder & Co Limited, including landandbrandnewhomes.co.uk and any other sites published, operated or maintained by L&BNH. We have designed landandbrandnewhomes.co.uk to provide a source of comprehensive and relevant information for our users.  In order to extend and increase the range of properties and services you can reach we work closely with a number of other organisations who provide some of the content made available.  Where applicable we will indicate where these third party organisations are involved or have rights or interests in the services being provided.

IMPORTANT:  Please Read and Note Carefully

1. By accessing or using any part of the landandbrandnewhomes.co.uk website you agree to be bound by the following conditions of use.  If you do not wish to be bound by these conditions you may not access or use the website controlled by L&BNH.  We may change these conditions at any time without any notice to you.  By your continued access and use of L&BNH’s website you agree to be bound by the most current version of the conditions of use.  Please check these conditions periodically for any changes that have been made.

2. Except where otherwise noted the content of web pages (including their design, text, graphics and arrangement) and the software used is the property of, and is owned and controlled by, L&BNH and is the copyright material of L&BNH.

3. Save as provided below no materials from L&BNH’s website may be copied, downloaded, reproduced, broadcast, shown or played in public, re-published, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way.  You may electronically copy and print in hard copy portions of L&BNH’s website for your personal use only.  Any other use, modification, distribution or re-publication without the prior written consent of L&BNH is similarly strictly prohibited.  You are not permitted to sell or trade in material so copied.

4. L&BNH may make available merchandise, products or services provided by third parties through L&BNH or links on L&BNH’s website.  You may be asked by a third party provider for information regarding yourself (such as credit card or other payment information).  Third party providers are solely responsible for the use of any information that you provide to them.  We strongly suggest you make whatever investigation or enquiry you feel is necessary or desirable before proceeding with any transaction (whether completed on-line or off-line) with any third party.  Your transactions with any third party are solely between you and that third party and are subject to any terms and conditions that may apply to such transactions.  You will be responsible for paying all charges you incur and applicable taxes, if any, relating to such charges.  Neither L&BNH nor any of its officers, directors, employees, agents, sponsors, licensers or the like makes any representation or warranty or condition, either express or implied, to you regarding any:  merchandise, products or services made available through L&BNH or through any link on L&BNH’s website nor the content, accuracy, completeness, legality, reliability, quality or suitability of any information provided by any third party provider, information you may be requested to give to any third party or the security of such information.

5. Except as expressly provided, nothing contained in these conditions shall be construed as conferring any licence under any of L&BNH, or any third party’s, intellectual property rights.  Any third party websites are not under the control of L&BNH and L&BNH is not responsible for the availability of such sites or their contents.  Any links provided on L&BNH’s websites are provided for your interest or convenience only and do not represent or imply any endorsement by L&BNH of such linked site.  You acknowledge that the use of such third party websites is governed by the terms and conditions of use applicable to such sites.  L&BNH shall not be responsible or liable, directly or indirectly, for the accuracy, content, timeliness, completeness, legality, reliability, quality, suitability, merchantability or decency of any information, advice, content, service, product or merchandise contained in sites listed on L&BNH' website or linked to L&BNH.

6. You use L&BNH’s website at your own risk.  L&BNH make considerable efforts to make information made available via its websites as accurate as possible but no warranty or fitness is implied.  Neither L&BNH nor any of is officers, directors, shareholders, employees, affiliates, agents, third party content providers, sponsors, licensors, or the like, makes any representation or warranty or condition, either express or implied to you;  that L&BNH’s website will be uninterrupted or effort free, that L&BNH’s website or the computer server from which L&BNH’s website is made available are free of viruses or other harmful components, to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through L&BNH’s website.  L&BNH makes, and you receive, no representations, warranties or conditions express or implied, statutory or otherwise, with respect to:  L&BNH’s website content, merchandise, services, documents, information, items or materials provided by L&BNH in connection with the use of L&BNH’s website;  or any property or services or information received through or advertised on L&BNH’s website or received through links provided on L&BNH’s website, including, without limitation, no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non infringement of proprietary rights or otherwise.  No oral advice or written information given by L&BNH or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.

7. L&BNH is not an agent for and does not vouch for those persons, companies and other organisations whose property, goods or services may be displayed or referred to in L&BNH’s website nor for the availability, suitability or prices of such property, goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other organisations.  L&BNH advises users to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies and other organisation whose property, goods or services may be displayed or referred to in L&BNH’s website.  L&BNH may make available certain information provided by third parties.  L&BNH recommends that before you use any such information with respect of any issues or questions that you may have relating to medicine, law, accounting or any other profession you seek advice from a qualified professional.  L&BNH may make available certain financial information provided by third parties, including information regarding mortgages, personal finance, stocks, investments and securities.  Such investment information is for information purposes only and you should not construe it as investment advice or use it for trading or investing purposes.  Financial investments bear varying degrees of risk.  L&BNH strongly discourages you from making any investment decision based upon information that you cannot confirm and strongly recommends hat you seek advice from a qualified financial advisor before you make any financial investment.

8. Neither L&BNH nor its associated content-provider organisations seek to limit or exclude liability for death or personal injury arising from their negligence.  Under no circumstances will L&BNH or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance, or distribution of L&BNH’ swebsite be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:  use of and reliance on L&BNH’s website;  or inability to use L&BNH’s website;  or mistakes, omissions, interruptions, suspension, termination, deletion of files or email, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to L&BNH’s website including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to L&BNH’s records, programmes or services;  or merchandise, products or services received through or advertised on L&BNH’s website and merchandise, products or services received through, or advertised on, any links provided on L&BNH’s website;  or information or advice received through or advertised on L&BNH’s website and information advice received through or advertised on any links provided on L&BNH’s website;  or any information, data, text, messages, and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using L&BNH’s website.  L&BNH is unable to ensure or guarantee the security of any information transmitted over the Internet.  Any information or data which you transmit to or by using L&BNH’s website is done at your own risk and L&BNH shall not be responsible or liable for any damages or injury that may result from transmitting such information.  If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by Law.

9. These conditions and any and all documents specifically mentioned in them constitute the entire agreement between you and L&BNH with respect to the subject matter.  If any provision contained in these conditions is determined by a Court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.

10. These conditions shall be governed by and construed in accordance with the Laws of England.  L&BNH controls its website from within the country of England.  It can, however be accessed from other places around the world.  Although these places may have different laws from those of England, by accessing L&BNH’s website you agree that the Laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of L&BNH’s website.  You and L&BNH also agree to submit to the non-exclusive jurisdiction of the English Courts, with respect to such matters.  Users of L&BNH’s website accessing it from places outside of England acknowledge that they do so voluntarily and are responsible for complying with local laws.

Misrepresentation Act 1967

11. L&BNH gives notice that the property particulars and related information on L&BNH’s website whilst believed to be accurate are set as a general outline for guidance only.  Any intending purchaser should not rely on them as statements or representations of fact but must satisfy themselves by physical inspection of the property in question or otherwise to their accuracy.  Consequently no information displayed on L&BNH’s website constitutes or forms part of a Contract.  No person in the employment of either L&BNH or the representing Agent of any property displayed has the authority to make or given any representation or warranty in relation to the properties.  L&BNH display information about properties on behalf of third parties for whom they are not necessarily agents nor representatives and are therefore not responsible for the validity of the details relating to the properties shown.

Other Important Terms

12. By contacting L&BNH and/or landandbrandnewhomes.co.uk you are indicating that you are willing to be bound by these terms and conditions and that these have been brought to your attention.

13. You understand the information relating to properties is accepted by L&BNH in good faith as being correct.  You and your agents must satisfy yourselves as to the accuracy of any information provided.  L&BNH will not be responsible for any errors therein and shall be indemnified by you against any resulting liability.

14. If L&BNH introduce a prospective buyer or negotiate a sale at a price acceptable to you our fee of the selling price plus VAT at the prevailing rate will be payable at a rate to be agreed in writing.

15. Our fee shall be paid on completion or on demand following exchange (if any sale does not proceed to completion) and in either case within fourteen (14) days.  Interest will be charged on unpaid or late paid fees at the rate of 4% per annum above the base lending rate of Barclays Bank plc from time to time and shall be calculated on a daily basis.

 
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