Terms Of Use
This agreement applies as between you,
the User of this Website and HEY Property Services Ltd & HEY Property
Finance Ltd, the owner(s) of this Website. Your agreement to comply with and be
bound by these terms and conditions is deemed to occur upon your first use of
the Website. If you do not agree to be bound by these terms and conditions, you
should stop using the Website immediately.
1.
Definitions and Interpretation
In this Agreement the following terms
shall have the following meanings:
“Content” means any text,
graphics, images, audio, video, software, data compilations and any other form
of information capable of being stored in a computer that appears on or forms
part of this Website;
“HEY Property Services Ltd & HEY Property Finance Ltd” means HEY
Property Services Ltd & HEY Property Finance Ltd, 71-75 Shelton Street,
Covent Garden, London, England, WC2H 9JQ.
“Service” means collectively any
online facilities, tools, services or information that HEY Property Services
Ltd & HEY Property Finance Ltd makes available through the Website either
now or in the future;
“System” means any online communications infrastructure that HEY Property
Services Ltd & HEY Property Finance Ltd makes available through the Website
either now or in the future. This includes, but is not limited to, web-based
email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is
not employed by HEY Property Services Ltd & HEY Property Finance Ltd and
acting in the course of their employment; and
“Website” means the website that you are currently using (https://www.heyprop.co.uk)
and any sub-domains of this site unless expressly excluded by their own terms
and conditions.
2. Intellectual Property
2.1 All Content included on the
Website, unless uploaded by Users, including, but not limited to, text,
graphics, logos, icons, images, sound clips, video clips, data compilations,
page layout, underlying code and software is the property of HEY Property
Services Ltd & HEY Property Finance Ltd, our affiliates or other relevant
third parties. By continuing to use the Website you acknowledge that such
material is protected by applicable United Kingdom and International
intellectual property and other relevant laws.
2.2 Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or
in any other fashion re-use material from the Website unless otherwise
indicated on the Website or unless given express written permission to do so by
HEY Property Services Ltd & HEY Property Finance Ltd.
2.3 Material from the Website may be re-used without written permission where
any of the exceptions detailed in Chapter III of the Copyright Designs and
Patents Act 1988 apply.
3. Links to Other Websites
This Website may contain links to other
sites. Unless expressly stated, these sites are not under the control of HEY
Property Services Ltd & HEY Property Finance Ltd or that of our affiliates.
We assume no responsibility for the content of such Websites and disclaim
liability for any and all forms of loss or damage arising out of the use of
them. The inclusion of a link to another site on this Website does not imply
any endorsement of the sites themselves or of those in control of them.
4. Links to this Website
Those wishing to place a link to this
Website on other sites may do so only to the home page of the site without
prior permission. Deep linking (i.e. links to specific pages within the site)
requires the express permission of HEY Property Services Ltd & HEY Property
Finance Ltd. To find out more please contact us by post to our Premises (see
address above) or by email to info@heyprop.co.uk.
5. Privacy
Use of the Website is also governed by
our Privacy Policy which is incorporated into these terms and conditions by
this reference. To view the Privacy Policy, please click on the link above.
6. Disclaimers
6.1 HEY Property Services Ltd & HEY
Property Finance Ltd makes no warranty or representation that the Website will
meet your requirements, that Content is accurate, that it will be of
satisfactory quality, that it will be fit for a particular purpose, that it
will not infringe the rights of third parties, that it will be compatible with
all systems, that it will be secure and that all information provided will be
accurate. We make no guarantee of any specific results from the use of our
Service.
6.2 No part of this Website is intended to constitute advice and the Content of
this Website should not be relied upon when making any decisions or taking any
action of any kind.
6.3 Whilst HEY Property Services Ltd & HEY Property Finance Ltd uses
reasonable endeavours to ensure that the Website is secure and free of errors,
viruses and other malware, all Users are advised to take responsibility for
their own security, that of their personal details and their computers.
7. Availability of the Website and Modifications
7.1 The Service is provided “as is” and
on an “as available” basis. We give no warranty that the Service will be free
of defects and / or faults. To the maximum extent permitted by the law we
provide no warranties (express or implied) of fitness for a particular purpose,
accuracy of information, compatibility and satisfactory quality.
7.2 HEY Property Services Ltd & HEY Property Finance Ltd accepts no
liability for any disruption or non-availability of the Website resulting from
external causes including, but not limited to, ISP equipment failure, host
equipment failure, communications network failure, power failure, natural
events, acts of war or legal restrictions and censorship.
7.3 HEY Property Services Ltd & HEY Property Finance Ltd reserves the right
to alter, suspend or discontinue any part (or the whole of) the Website
including, but not limited to, the products and/or services available. These
Terms and Conditions shall continue to apply to any modified version of the
Website unless it is expressly stated otherwise.
8. Limitation of Liability
8.1 To the maximum extent permitted by
law, HEY Property Services Ltd & HEY Property Finance Ltd accepts no
liability for any direct or indirect loss or damage, foreseeable or otherwise,
including any indirect, consequential, special or exemplary damages arising
from the use of the Website or any information contained therein. Users should
be aware that they use the Website and its Content at their own risk.
8.2 Nothing in these terms and conditions excludes or restricts HEY Property
Services Ltd & HEY Property Finance Ltd’s liability for death or personal
injury resulting from any negligence or fraud on the part of HEY Property
Services Ltd & HEY Property Finance Ltd.
8.3 Every effort has been made to ensure that these terms and conditions adhere
strictly with the relevant provisions of the Unfair Contract Terms Act 1977.
However, in the event that any of these terms are found to be unlawful, invalid
or otherwise unenforceable, that term is to be deemed severed from these terms
and conditions and shall not affect the validity and enforceability of the
remaining terms and conditions. This term shall apply only within jurisdictions
where a particular term is illegal.
9. No Waiver
In the event that any party to these
Terms and Conditions fails to exercise any right or remedy contained herein,
this shall not be construed as a waiver of that right or remedy.
10. Previous Terms and Conditions
In the event of any conflict between
these Terms and Conditions and any prior versions thereof, the provisions of
these Terms and Conditions shall prevail unless it is expressly stated
otherwise.
11. Third Party Rights
Nothing in these Terms and Conditions
shall confer any rights upon any third party. The agreement created by
these Terms and Conditions is between you and HEY Property Services Ltd &
HEY Property Finance Ltd.
12. Communications
12.1 All notices / communications shall
be sent to us either by post to our Premises (see address above) or by email to
info@heyprop.co.uk. Such notice will be deemed received 3 days after posting if
sent by first class post, the day of sending if the email is received in full
on a business day and on the next business day if the email is sent on a
weekend or public holiday.
12.2 HEY Property Services Ltd & HEY Property Finance Ltd may from time to
time send you information about our products and/or services. If you do not
wish to receive such information, please click on the ‘Unsubscribe’ link in any
email which you receive from us or by calling on 01403 741099.
13. Law and Jurisdiction
These terms and conditions and the
relationship between you and HEY Property Services Ltd & HEY Property
Finance Ltd shall be governed by and construed in accordance with the Law of
England and Wales and HEY Property Services Ltd & HEY Property Finance Ltd
and you agree to submit to the exclusive jurisdiction of the Courts of England
and Wales.