|
The Wilson McHardy website ("the Web Site"),
is owned and operated by Wilson McHardy ("Wilson McHardy ",
"we", "us" or "our"). You will be
able to access commercial property information and other material
on the Web Site free of charge however we ask that you please read
the following general terms and conditions of use (the "General
Terms") carefully. By using the Web Site, you signify your
acceptance of these General Terms and any other guidelines or rules
applicable to the Web Site that may be posted from time to time.
In addition, certain areas of the Web Site are available to you
when you have registered, this will allow you to access and participate
in the property transactions offered on the Web Site. By using the
Web Site you agree to be bound by all such terms and conditions
and we therefore encourage you to scroll down to read all such terms
and conditions in full. If you do not agree with these General Terms
or any other terms and conditions posted on the Web Site please
do not use the Web Site.
This Web Site and the services offered on the Web
Site are directed only at United Kingdom residents. We make no representation
that materials in the Web Site are appropriate or available for
use in other locations and other countries. Those who choose to
access the Web Site from other locations do so at their own risk
and users are responsible for compliance with local laws, if and
to the extent local laws are applicable
Responsibility
You represent that you are of sufficient legal age to use this Web
Site and create binding legal obligations for any liability you
incur as a result of such use. You understand that you are financially
responsible for all uses of this Web Site by you and those using
your user name or password. In its sole discretion, Wilson McHardy
has the right to terminate or restrict your access to any component
of this Web Site without notice and has the right to remove any
content from the Web Site that it considers in its sole discretion
to be objectionable.
Your Use Of The Web Site
You agree:
(a) that you will only use the Web Site in accordance with these
Terms and conditions on the Web Site and that you will abide by
all applicable laws, regulations and codes of conduct and to be
solely responsible for all things arising from your use of the Web
Site;
(b) not to infringe any third party rights (including without limitation
rights of publicity and privacy) through your use of the Web Site,
or your activities conducted from the Web Site, including without
limitation, the intellectual property rights of others. You further
agree not to use in any way any of our trademarks or other intellectual
property, or in any way to represent yourself or your site or the
activities on your site as connected with us, or link to the Web
Site in any manner whatsoever without our express prior written
consent;
(c) not to damage, interfere with or disrupt access to the Web Site
or do anything that may interrupt or impair its functionality including,
without limitation, uploading files that contain viruses, corrupted
files, or any other software programs that may interfere with or
damage the operation of the Web Site, Wilson McHardy 's system or
any other's computer system;
(d) to provide true, accurate and complete information in all registration
fields which you are asked to complete;
(e) to maintain the confidentiality of your password and notify
us immediately of any unauthorised use. You are responsible for
any use of the Web Site under your user name and password whether
you have authorised the use or not;
(f) not to publish, post, upload, distribute, disseminate, create
or otherwise use any content that damages, denigrates or brings
into disrepute the " Wilson McHardy " brand or its employees,
associates or affiliates in any way.
(g) not to defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as the rights of privacy and publicity) of
others nor publish, post, upload, store, distribute or disseminate
any unlawful, inappropriate, defamatory, infringing, obscene, indecent,
harmful, confidential, tortious, pornographic, libellous, hateful,
or otherwise objectionable material or information or anything which
might constitute a criminal or civil offence in any public area
on the Web Site;
(h) not to conduct or forward surveys, pyramid schemes, chain letters,
spam, junk mail, adverts or any other form of unsolicited electronic
mail.
(i) to conduct all activities within the site manually without the
use of automatic software to perform multiple accesses or any other
automated processing of the contents.
You shall indemnify and keep Wilson McHardy indemnified against
all actions, claims, losses, costs (including all legal costs),
damages and expenses that are suffered or incurred by Wilson McHardy
whether or not reasonable or otherwise foreseeable or avoidable
which arise directly or indirectly from any breach or alleged breach
by you of any of these General Terms.
Intellectual Property
All intellectual property rights (including any patent, copyright,
database rights, registered design, trade mark, trade name, know-how
or industrial or intellectual property right subsisting anywhere
in the world and any applications to protect any of the above) and
goodwill in and relating to the Web Site (including all components
developed and produced for the Web Site including the up-dates,
format, art direction, look and feel and content) (the "Intellectual
Property Rights") shall be owned by and vest absolutely in
WILSON MCHARDY or its third party suppliers or contractual partners
as the case may be.
The material and content provided on the Web Site
is solely for your personal use and you agree not for yourself or
through or by way of assistance to any third party to distribute
or commercially exploit all or any part of such material or content
and you agree not to modify, reproduce, republish, upload, post,
sell, distribute or otherwise transmit or use the content provided
by us in any way without our prior written consent.
The trademarks, logos and service marks (collectively
the "Trademarks") displayed on the Web Site are owned
by or licensed to Wilson McHardy and others. Nothing contained on
the Web Site should be construed as granting, by implication, estoppel
or otherwise any license or right to use any Trademark displayed
or any Intellectual Property Rights on the Web Site without our
written permission or the permission of any such third party that
may own the Trademarks or any other Intellectual Property Rights
displayed on the Web Site. Your misuse of the Trademarks or any
other Intellectual Property Rights displayed on the Web Site or
any other content on the Web Site, except as provided in these Terms,
is strictly prohibited. If you place any content or materials on
the Web Site you grant Wilson McHardy the worldwide, royalty-free,
non-exclusive licence to copy, reproduce, transmit, distribute and
publish that content or those materials to the extent permitted
under the terms of the Privacy Policy.
Important Notice - Disclaimer
While we have taken reasonable steps to ensure the accuracy of information
with regards the properties being offered on the Web Site, we make
no warranties or representations as to the accuracy or reliability
of such information. For the purposes of interpretation "information"
shall include, without limitation, property particulars, price information,
descriptions, dimensions, plans, references to conditions or consents
with regards use and/or occupation or any other information or materials
relating to the properties being offered on the Web Site.
Prospective purchasers are advised to make their own
judgment upon the properties being offered and are advised to carry
out their own independent due diligence, enquiries and investigations.
Any and all information contained on the Web Site is not to be taken
as or implying a statement or representation of fact and any prospective
purchaser must satisfy itself by inspection or by carrying out appropriate
searches or otherwise as to the correctness of all such information
relating to the properties on offer.
Wilson McHardy is not responsible for any errors or omissions or
for the results obtained from the use of such information contained
on the Web Site. The information is provided with the understanding
that it does not constitute any form of advice, recommendation or
arrangement by Wilson McHardy or its affiliates and is not intended
to be relied upon by you in making (or refraining from making) any
specific purchase or investment or other decisions. Any reliance
you place upon any of the information will be at your sole risk.
In no event shall Wilson McHardy nor any other party involved in
creating, producing or delivering the Web Site be liable for any
injury, loss, claim, damage, or any exemplary, punitive, indirect,
incidental or consequential damages of any kind (including but not
limited to lost profits, lost savings, loss of business opportunities
or contracts) whether based in contract, tort, strict liability,
or otherwise, which arises out of or is in any way connected with
(i) any use of this Web Site or content found herein, (ii) any failure
or delay (including, but not limited to) the use of or inability
to use any component of the Web Site or transaction entered into
through the Web Site or resulting from any unauthorized access to
or alteration of your data (iii) the performance or non-performance
by Wilson McHardy even if we have been advised of the possibility
of damages to any other party (iv) the provision of or failure to
provide services (v) any information, software, products, services
and related graphics obtained through the Web Site.
Without limiting the foregoing, everything on the Web Site is provided
to you "as is" and "as available" without warranty
of any kind, either expressed or implied, including, but not limited
to, the implied warranties of satisfactory quality, fitness for
a particular purpose or non-infringement and those arising by statute
or otherwise in law or from a course of dealing or usage of trade.
Wilson McHardy assumes no responsibility and shall not be liable
for any damages to or viruses that may infect your computer equipment
or other property on account of your access to, use of, or browsing
the Web Site or your downloading of any materials, data, text, images,
video or audio from the Web Site.
Third Party Web Sites & Services
We may provide links to other web sites for, or we may display,
resources, advertisements for services or sponsorships (collectively
"Third Party Services") either directly or through contractual
arrangements with third parties. Wilson McHardy accepts no responsibility
for these Third Party Services and does not endorse them. If you
decide to use these third parties or have any dealings with third
parties, you do so at your own risk. Should a dispute arise between
yourself and any third party due to your use of the relevant Third
Party Services we will not be responsible for any loss or damage
which may be suffered by you as a result.
Privacy
We will respect any personal information provided by you and which
shall be subject to the Wilson McHardy Privacy Policy. We shall
not disclose your registration details to any third party without
your permission unless in accordance with the terms of the Privacy
Policy but we may from time to time provide you with up to date
information on the functionality of the Web Site and advice and
assistance on any upgrades or changes to its functionality and we
may contact you with information about properties for sale, promotions
or other services which we may offer from time to time.
Law and Jurisdiction
These Terms shall be governed by and construed in accordance with
English law and shall be subject to the exclusive jurisdiction of
the English courts.
If any provision of these Terms is held by a court
of competent jurisdiction to be contrary to English law then the
provision shall be construed as far as possible to reflect the intention
of the parties with the other provisions remaining in full force
and effect.
View Privacy Policy
|
