General Conditions

IMPORTANCE OF THIS PAGE

This page represents the general conditions of use of this site ("General Conditions") which is provided by Brighton & Beck Property Group (Company Number SC619714) 23a St James Avenue, East Kilbride, Glasgow G74 5QD. Email: support@brightonandbeck.co.uk . Because of the nature of this site these General Conditions are extremely important and it is vital that they are read carefully by any user of this Site.

Throughout these General Conditions certain words are given special meanings. Those special meanings are shown in the box on the right hand side of this page.

The General Conditions represent a legal agreement between you and us with respect to the use of this website. By continuing to use this site, you undertake that you have read, understood and agree to be contractually bound by these General Conditions. If you do not agree to (or cannot comply with) any of these General Conditions, you must immediately exit from the Site and discontinue from using the Site.

We have the right to revise and amend these General Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements. It is important every time you use this Site that you check back on these General Conditions.

USING THIS SITE

Right to access this Site: When you access this Site your right to do so is on a temporary basis only, and we reserve the right to withdraw or amend the service we provide on this Site without notice (see below). We will not be liable if for any reason this Site or any part of it is unavailable at any time or for any period or that access may be restricted for any particular group of users of this Site.

You must always abide by our General Conditions, including our current Privacy Policy and any special conditions relating to any aspect of the services provided by this Site.

We may suspend or terminate your access to the Site or any part of it if we believe you are in breach of any provision of these General Conditions and any special conditions relating to any aspect of the services provided by this Site. In such circumstances you may not use the Site without first obtaining our consent.

You confirm that you have full legal capacity to use this Site and enter into contracts relating to property.

Maintaining any data provided by you: if you register with this Site you agree and undertake:

• to provide accurate Personal Information and to update your Personal Information as and when it is necessary to maintain its accuracy.
• to maintain the confidentiality and security of your Personal Information. You must not allow others to use your name and/or password or any other confidential data and you will notify us immediately of any unauthorised use of your name and/or password or any other confidential data.
• to ensure that any use you make of the Site is free of any malware, virus, Trojan horse, worm or any other items of a destructive nature.
• not to permit or encourage others to attempt to copy or make use of any intellectual property appearing on this Site for any purpose that would contravene these General Conditions.

We shall not be responsible for any losses or damages which you or others may incur:

• arising out of the unauthorised use of your name and/or Password or any other confidential data or your Personal Information and you agree to indemnify us for any improper, unauthorised or inappropriate use of your name and/or Password or any other confidential data or your Personal Information;
• that result from you accessing the Site including any damage to the software or hardware utilised by you to access this Site;
• your inability to view all or any part of this Site, or operate any of the features of this Site because of any limitation on your part or limitation on the part of your software or hardware.

Indemnifying us in the event of a breach by you: You will indemnify us from and against any and all claims, losses, demands, causes of action and judgments (including solicitors' or attorneys' fees and court costs) arising from or concerning any breach by you of our General Conditions and any special conditions relating to any aspect of the services provided by this Site. You will pay us on demand any losses, costs or expenses we incur arising from such breach.

Restriction on transferring rights and obligations: You may not transfer or otherwise deal with your rights and/or obligations under our General Conditions, our current Privacy Policy and any special conditions relating to any aspect of the services provided by this Site

LIMITATION UPON OUR LIABILITY TO YOU

We shall not be liable to you or any third party directly or indirectly:

• for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data;
• for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site.
• in relation to any error made by any others or any third party Estate Agent in the listing of or reference to any property listed on this Site;
• arising from any bugs, errors, infection by viruses or anything else which may cause contamination or destruction of any sort to your hardware or software (though they shall use all reasonable endeavours to avoid such problems);
• for any errors or inaccuracies or failure to comply with any legal requirements regulations in any material on this Site provided by advertisers, marketers or any other third parties.

Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.

To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed the amount of any payment you may make to us.

You understand and agree that your use of the Site is at your own sole risk. The Site is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.

Alterations or Withdrawing this Site: We may at any time and from time to time modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.

Assignment, assignation and subcontracting: We may sub-contract, transfer or otherwise deal with our rights and/or obligations in whole or in part under these General Conditions, our current Privacy Policy and any special conditions relating to any aspect of the services provided by this Site

LINKS TO AND FROM THIS SITE

Links to third party websites on the Site are provided solely for your convenience. If you use these links, you may leave this Site. We have not reviewed all of these third party websites and have no control over and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.

We welcome 'hot links' to the Site, but not 'deep linking' by which we mean that you may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.