Clarkes Residential Estate Agents Limited trading as Clarkes
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITES. THEY ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US.
These terms tell you the rules (the “Terms”) for using our websites www.clarkesestates.co.uk. A reference to “you” or “your” refers to the user of the Sites.
1. Our Details
1.1 We are Clarkes Residential Estate Agents Limited trading as Clarkes (company number 05441145) and our registered office address is 2 Station Road, Bognor Regis, West Sussex PO21 1QE. We have three subsidiary companies which also trade as ‘Clarkes’. These are Southdowns Letting and Management Limited (company number 05750819), Clarkes Arundel Limited (company number 05540238) and Southdown Financial Solutions Limited (company number 06960867).
1.2 To contact us, please email firstname.lastname@example.org or send a letter by post to our address.
2. Terms which apply when you use our Sites
2.1 These Terms set out all the rules and obligations that apply to your use of the Sites.
2.2 By using our Sites, you confirm that you accept these Terms and you agree to comply with them. If you do not agree to these Terms, please do not use our Sites.
2.3 We recommend that you print and keep a copy of these Terms for future reference.
By using our Sites, you consent to us processing your data.
3. Changes to Terms and Sites
3.1 We amend these Terms from time to time by updating them on the Sites.
3.2 We may from time to time change the content of this Sites or suspend or discontinue any aspect of this Sites, which may include your access to it.
4. Your obligations
4.1 You accept that you are solely responsible for ensuring that your computer system has the relevant technical specification necessary to use the Sites.
4.2 You must not misuse our Sites. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our Sites. This includes introducing viruses, trojans or other material which is or could be malicious or technologically harmful. You must not misuse any forms on the Sites and any forms you submit should be a genuine enquiry.
4.3 You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access the Sites, or to fill in and/or send forms unless the automated program identifies itself uniquely and is fully compliant with the Robots Exclusion Protocol (a “Permitted Program”). You must not use any scraping technology on the Sites.
5. Services, Registration and Content
5.2 All content that you upload to our Sites will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our Sites breaches that third parties’ legal rights.
5.3 The views expressed by users on our Sites do not represent our views or values.
5.4 All content that you upload to our Sites must be accurate, non-malicious, inoffensive and lawful. We reserve the right to take down any content that you upload to our Sites at any time without notice and without having to give a reason.
5.5 To utilise the My-Property File services you must register via the Sites. At our discretion, we may refuse your application for registration.
5.6 Each registration is for a single user only. You must not share your username and password with any other person or with multiple users on a network.
5.7 The information provided on the Sites does not constitute specific advice.
5.8 You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
5.9 You accept sole responsibility for all use of and for keeping secret any account ID and password that may have been given to you or chosen by you for use on the Sites. You will notify us immediately of any unauthorised use of them or any other breach of security of the Sites of which you become aware.
5.10 We have the right to disable any account ID or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
6. Intellectual Property and Warranty
6.1 The copyright rights in the Sites belong to us. All rights are reserved.
6.2 You may download material from the Sites for the sole purpose of using the Sites. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from the Sites without our prior written consent.
6.3 Whilst we endeavour to ensure that any material available for downloading from the Sites is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
6.4 Due to the nature of software and the internet, we do not warrant that your access to, or the running of, the Sites will be uninterrupted or error free. We may suspend, withdraw, discontinue or change all or any part of our Sites without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
6.5 We make no warranty or guarantee that the Sites or information available on them complies with laws other than those of England.
6.6 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Sites or any content on it, whether express or implied.
7. Barring and Suspension
7.1 We reserve the right to bar users from the Sites and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use the Sites under any other name or through any other user.
7.2 Our Sites are made available free of charge.
7.3 We do not guarantee that our Sites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Sites for business and operational reasons
8. Websites and linking
8.1 The Sites may contain links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only.
8.2 You must not include links to our Sites in any other Sites without our prior written consent
8.3 Our Sites must not be framed on any other Sites.
8.4 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
9. Loss or damage
9.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
9.2 Subject to the above clause 9.1:-
(i) we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
(ii) we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
9.3 We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any content on it, or any websites linked to them.
9.4 We exclude all implied conditions, warranties, representations or other terms that may apply to our Sites or any content on it.
9.5 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of our Sites.
9.6 These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.