Website Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING HOWARDS.CO.UK (“this Site”).
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full.
(a) Certain uses of this Site are prohibited and amount to a misuse of our systems and the Site. Please refer to Section 3 for further details.
(b) We recommend that you print and keep a copy of these Terms; they are a legally binding agreement between you and us. We may change these Terms at our discretion by updating them on the Site. The then current version of these Terms will apply whenever you use this Site. Please check this page from time to time and take notice of any changes.
(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter.
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use our website to transmit or send unsolicited commercial communications. You must not use our website for any purposes related to marketing without our express written consent.
(4) Barring from the site
We reserve the right to bar users from this Site 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 this Site under any other name or through any other user.
(5) User generated content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
(6) Introductory Services
Howards, its associates and connected persons reserve the right to offer services to third parties, other purchasers or the vendors of any Property (or anyone else involved in a related transaction or house chain) including but not limited to estate agency services in connection with the sale of the property and/or any purchaser’s or third party’s property, Mortgage and Protection Advice through our association with JustMortgages, conveyancing services through our partner agencies, other legal advice and valuation services. Further fees including referral fees and sales commission may be derived and retained by Howards, the details of which will be made available. We are not responsible for the accuracy or appropriateness of any advice given or work undertaken by third parties on your behalf.
Where Howards introduce you to solicitors or through our conveyancing services to act on your behalf this is an introduction only and the solicitor client relationship will be between you and the solicitor as detailed in the solicitor’s engagement documentation. We may receive a referral fee from the solicitor for this introduction, the details of which will be made available.
You agree and fully understand the terms set out within these terms and conditions that Howards and their agreed referral partners can contact you on a no obligation basis:
• Mortgage – The Howards mortgage service will refer you to JustMortgages.
• Conveyancing – The Howards conveyancing service will refer you to get legally prepared.
(7) Property details displayed on http://www.howards.co.uk
(8) Limited warranties
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(9) Limitations of liability
Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law. Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or arising out of any claim that you have breached any provision of these terms and conditions.
(11) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(15) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(16) Entire agreement
(17) Customer feedback and quality
We try to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us using the address provided at the beginning of these Terms or contact us here. We aim to acknowledge all customer feedback.
(a) Phone calls directed to or from our advertisers, which include, but are not restricted to, developers and landlords may be recorded for training and monitoring purposes.
(18) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
(19) Registrations and authorisations
Our details: Registered in England. Company Registration No. 2974021.
Registered Office: Colwyn House, Sheepen Place, Colchester, CO3 3LD.
(20) Changes to the policy
We may change this policy from time to time as we add new services or features or in response to changes in the law or our commercial arrangements. Any changes to this policy will be posted on this Site.
Please check the information above carefully before completing any enquiry form on Howards website.
Send all correspondence to:
Howards (Estate Agents) Limited. Studio 3, The Courtyard, Main Cross Road, Great Yarmouth, NR30 3NZ.