IMPORTANT LEGAL NOTICE
ATTENTION: THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THIS WEBSITE UNDER THE DOMAIN NAME HTTP:// WWW.ESSEXMOVING.CO.UK ("WEBSITE") AND TO ANY CORRESPONDENCE BY E-MAIL BETWEEN US AND YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY MNB ESTATES LIMITED ("THE COMPANY", "WE", "US") OF THE HEYBRIDGE BUSINESS CENTRE, 110 THE CAUSEWAY, MALDON, ESSEX, CM9 4ND
TERMS AND CONDITIONS
- 1. INTRODUCTION
- 1.1 You will be able to access some areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
- 1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
- 1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
- 1.4 The Website is not an auctioneer. The Website acts as a venue which allows registered users to offer, sell, arrange, seek, procure or anything else incidental to the provision of the Website for commercial or employment reasons. We never possess the items offered and we are not involved in transactions between buyers and sellers. We shall not be responsible for insuring that buyers and sellers complete transactions. Please read this in conjunction with our disclaimer at paragraph 9 below.
- 2. MEMBERSHIP CONDITION
- 2.1 The Website Services are not available to, and may not be used by, persons under the age of 18 years of age, or who are temporarily or indefinitely suspended Website members. If you are under 18 years old, you can use this service only in conjunction with the supervision of a parent or guardian. If you are a business entity, you represent that you have the authority to bind that entity to this Agreement.
- 3. USER ID
- 3.1 You must choose a User ID and password on completion of registration. You shall be responsible for all actions taken under that User ID and password and shall only use the site using your own User ID and password. You should not disclose your password to any other person. You shall not transfer or sell your User ID to any other person.
- 4. LICENCE
- 4.1 You are permitted to print and download extracts from this Website on the following basis:
- (a) no documents or related graphics on this Website are modified in any way;
- (b) no graphics on this Website are used separately from accompanying text; and
- (c) the Company's copyright notice and this permission notice appear in all copies.
- (d) No Intellectual Property in the Website is duplicated or used for any other purpose than the reading of the representations and/or the terms and conditions of the Website.
- 4.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs, graphical images, video, audio and voiceovers) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 4.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
- 4.3 Subject to paragraph 4.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
- 4.4 Any rights not expressly granted in these terms are reserved.
- 5. SERVICE ACCESS
- 5.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company will not be liable if for any reason this Website is unavailable at any time or for any period.
- 5.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
- 6. VISITOR MATERIAL AND CONDUCT
- 6.1 Other than personally identifiable information, which is covered under the Privacy Policy any material you transmit or post to this Website will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to such material. The Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
- 6.2 You are prohibited from posting or transmitting to or from this Website any material that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- (a) for which you have not obtained all necessary licences and/or approvals;
- (b) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
- (c) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- 6.3 You may not misuse the Website (including, without limitation) by hacking, committing fraud or money laundering.
- 6.4 The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Partnership to disclose the identity or locate anyone posting any material, misusing the Website or otherwise purporting to breach the law in contravention of paragraphs 6.2 or 6.3.
- 6.5 You shall not use our internal messaging facility for any purpose which breaches our policy on disclosing information or may have the effect of prejudicing the Company's ability to make a profit. The Company reserves the right to remove all offending mail without notice.
- 6.6 Breach of any of the terms contained in paragraph 6 will result in termination of the services and all fees paid up by you will be retained by us with no refund being applicable.
- 7. LINKS TO AND FROM OTHER WEBSITES AND ADVERTISEMENTS BY THIRD PARTIES
- 7.1 Any links to third party websites and any other advertisement of third party contact details on this Website are provided solely for your convenience. If you use these links or other contact details, you leave this Website. The Company will not review all of these third party websites and does not control and is not responsible for these websites or their content. The Company therefore does not endorse or make any representations about the third party websites or other contact details of third parties, or any material found on the websites, or any results that may be obtained from using the websites or other contact details. If you decide to access any of the third party websites linked to this Website or use any of the services advertised on these third party websites or use the other third party contact details, you do so entirely at your own risk.
- 7.2 You shall not link to this Website without the express written permission of the Company.
- 7.3 If you have been granted permission to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
- (a) you do not remove, distort or otherwise alter the size or appearance of the 'EssexMoving' logo;
- (b) you do not create a frame or any other browser or border environment around this Website;
- (c) you do not in any way imply that the Company is endorsing any products or services other than its own;
- (d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
- (e) you do not otherwise use any 'EssexMoving' trade marks displayed on this Website without express written permission from the Company;
- (f) you do not link from a website that is not owned by you; and
- (g) your website does not contain content that is distasteful, offensive or controversial, infringes any Intellectual Property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
- 7.4 The Company expressly reserves the right to revoke any licence granted in paragraph 7.3 for breach of these terms and to take any action it deems appropriate.
- 7.5 You shall fully indemnify the Company for any loss or damage suffered by it for breach of paragraph 7.3.
- 8. REGISTRATION
- 8.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
- 8.2 Responsibility for the security of any passwords issued rests with you.
- 9. DISCLAIMER
- 9.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material. Please note that you will be required to use caution, common sense and good awareness as there are also risks of dealing with persons or people acting under false pretences. By using the Website you agree to all risks and agree that the Company is not responsible for the acts or omissions of others.
- 9.2 The material at this Website is provided 'as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
- 9.3 We do not warrant that the content and quality of photographs, video and/or audio on the Website is satisfactory and free from material which is, or is likely to be threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience or otherwise.
- 9.4 The Company only acts as agent and accepts no liability for the breakdown of contracts at any stage after the parties have been introduced. Any recourse to legal action shall be sought from the buyer or seller.
- 10. YOUR OBLIGATIONS AS BUYER
- 10.1 As a buyer, it is your obligation to complete transactions satisfactorily with a seller.
- 10.2 You must always act with the utmost good faith throughout your transaction.
- 10.3 As buyer, you must ensure that you have the capacity and are legally able to buy or rent any property that you make an offer for.
- 10.4 It shall be the responsibility of the buyer to inspect the property and to obtain legal advice when proceeding with the purchase of a property.
- 10.5 To provide all information that the Company may require from time to time in order to provide the services adequately to both the buyer and the seller including but not limited to a working landline telephone contact number, a working e-mail address, a bona fide contact address and where applicable a PO Box number.
- 11. SELLERS OBLIGATIONS
- 11.1 As a seller, you must ensure that you are legally able to sell or rent the property included in your listing.
- 11.2 Any property is to be described accurately, and you must ensure at all times that you are selling or renting a property which fits its description.
- 11.3 You must describe your property on the details page. Your listing may include pictures and text descriptions of the property and you may amend your listing at any time.
- 11.4 You must only describe one property in each listing.
- 11.5 You must set your own selling or rental price for your property.
- 11.6 If you have already entered into a contract with another estate agent, you must check your contract to determine whether you are bound to pay the other estate agent any commission.
- 11.7 You must arrange and conduct viewings for your property.
- 11.8 You must inform the Company once you have sold or rented your property.
- 11.9 You must always act with the utmost good faith throughout your transaction.
- 11.10 To provide all information that the Company may require from time to time in order to provide the services adequately to both the buyer and the seller including but not limited to listing information, a working landline telephone contact number, a working e-mail address, a bona fide billing address and where applicable a PO Box number. You must display a working landline telephone contact number and working e-mail address on your listing.
- 12. PROHIBITION
- 12.1 You shall only sell or rent or offer for sale or rent residential property.
- 12.2 You shall not attempt to purchase, attempt to purchase, bid, instruct others to bid, haggle or otherwise affect or attempt to affect the normal course of sale of any property under any circumstances where the property belongs to you.
- 13. NEGOTIATION
- 13.1 If you have a property advertised for sale or for rent, viewers will be able to contact you regarding purchase or rent of your property at the asking price. Alternatively prospective buyers will be able to negotiate prices with you.
- 13.2 Buyers will only be able to negotiate the purchase or rent of one property being advertised by any one seller.
- 13.3 If there is more than one prospective buyer the seller retains the right to chose which of the buyers he wishes to conclude a contract with.
- 14. OUR FEES
- 14.1 Our fees are chargeable at the rates provided in our pricing policy, these prices may be varied from time to time and you hereby agree to pay our fees at the rate current and in line with our pricing policy.
- 14.2 Your listing shall not be published on the Website until we have received payment of our fees by credit or debit card.
- 14.3 If you remove your listing, you will not be entitled to a refund.
- 14.4 Due to the requirements of our payments provider the one off fee you pay covers the first 3 months of your advertisement. After this time your advert becomes a free listing and will remain unchanged on the website until you change its status to sold/let.
- 15. DISTANT SELLING
- 15.1 This service is provided instantly to you and because of this, use of this Website will constitute an automatic waiver of your right under the Distant Selling Regulations 2000 which but for this waiver would have entitled you to reject or cancel our services within seven days of engaging them.
- 16. LIABILITY
- 16.1 The Company or any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company's employees, or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites or any advertisements by third parties on this Website, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
- 16.2 Nothing in this legal notice shall exclude or limit the Company's liability for death or personal injury caused by negligence or any liability which cannot be excluded or limited under applicable law.
- 16.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
- This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
- Issue Date: 23/12/2005
