TERMS & CONDITIONS

1. INTRODUCTION

1.1 These terms and conditions (Terms) shall govern your access to and your use of http://www.janforsterestates.com (Website). By using this website, you accept these Terms in full; accordingly, if you disagree with these Terms or any part of these Terms, you must not use this Website.

1.2 If you wish to use our other services (such as buying or selling a property with us), these will be governed by a separate set of terms. If there is any conflict between these Terms and any other written agreement between you and us, then the latter shall prevail.

1.3 You must be at least 16 years of age to use our Website. By using our Website or agreeing to these Terms, you warrant and represent to us that you are at least 16 years of age.

 

2. INTELLECTUAL PROPERTY RIGHTS

2.1 We, together with our licensors, own and control all the copyright and other intellectual property rights in all text, data, charts, tables, software, video, music, music, sound , graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material on the Website (the Content), and all the copyright and other intellectual property rights in our Website and the Content reserved.

2.2 The trademarks, service marks and logos used and displayed on this Website (Trade Marks) are registered or unregistered trademarks of Jan Forster Estates and our licensors. Nothing on this Website should be construed as granting, by implication or otherwise, any licence or right to use any Trade Mark without written permission from Jan Forster Estates or our licensors. The name of Jan Forster Estates may not be used in any way, including in advertising or publicity pertaining to distribution of Content without the prior written permission of Jan Forster Estates.

 

3. PERMITTED USE

3.1 You may retrieve and display Content from the Website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal use. You may download the Content that is available for download from the Website. Content may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any other way.

3.2 You agree not to adapt, alter or create a derivative work from any of the Content on the Website or to use it for any purpose other than for your personal and non-commercial use.

 

4. UNLAWFUL USE AND ACCURACY OF DATA

4.1 You agree to use this Website only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Website by any third party. Such restriction or inhibition includes, but is not limited to, uses that may cause damage to the website, related to any illegal or fradulent activity, uses that introduces any spyware, malware, Trojan horse or other malicious computer software, conduct any systematic or automated data collection activities without express written consent, use data collected from your website for any direct marketing activity without express written consent, conduct which is defamatory, or which may harrass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or the disruption of normal flow of dialogue within the Website.

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true,accurate, current, complete and non-misleading.

 

5. LIABILITY

5.1 The Website and Content is provided "AS IS" and on an "AS AVAILABLE" basis and we do not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Website or any Content. All implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent that they may be excluded as a matter of law.

5.2 In no event will we be liable for any loss including, without limitation, indirect or consequential loss, or any damages arising from loss of use, data or profits, whether in contract, tort or otherwise, arising out of or in connection with the use of this Website.

5.3 We have tried to ensure that all the Content provided on the Website is correct at the time of publication. The Content is provided on an information basis only and should not be relied upon. We accept no responsibility for any errors, omissions, or misleading Content on the Website or on any websites to which the Website connects.

5.4 We do not warrant that the Website or Content will be uninterrupted or error free, that any defects will be corrected, or that this Website or the server that makes it available are free of viruses or bugs.

5.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.

5.6 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

5.7 We will not be responsible for the availability or content of any third party websites or material you access through this Website.

 

6. PRIVACY AND COOKIES

6.1 Our Privacy Policy at http://www.janforsterestates.com/legal/privacy details what type of personal information we may collect from you when you visit the Website and how we may store and use your information.

6.2 As you use our Website we may automatically collect technical data about your equipment, browsing actions and usage. We collect this data by using cookies, server logs and similar technologies. Please see our Cookie Policy at http://www.janforsterestates.com/legal/cookies for further details.

 

7. CHANGES TO TERMS

We reserve the right, at its discretion, to make changes to any parts of the Website or these Terms. When these Terms are amended, we will publish details of the amendments on the Website. Your continued use of the Website is taken as your agreement to be bound by these Terms as amended.

Last revision date: June 2018

 

8. ASSIGNMENT

8.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.

8.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.

 

9. THIRD PARTY RIGHTS

9.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

9.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

 

10. SEVERABILITY

If these Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.

 

11. WAIVER

No failure, delay or omission by either party in exercising any right, power or remedy provided by law or under these Terms shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right or remedy. No single or partial exercise of any right, power or remedy provided by law or under these Terms shall prevent any future exercise of it or the exercise of any other right, power or remedy.

 

12. JURISDICTION

These Terms shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English Courts.

 

13. WHO WE ARE AND HOW TO CONTACT US

13.1 This Website is owned and operated by Jan Forster Estates Limited. We are registered in England and Wales under company number 05858852, and our registered office is at Polwarth House, 55 Polwarth Drive, Brunton Park, Gosforth, Newcastle upon Tyne, NE3 5NJ. Our VAT registration number is 842686695.

13.2 We are a member of:

(a) The Property Ombudsman (TPO), http://www.tpos.co.uk a government approved disputes resolution scheme for consumers and property agents, and commit to the TPO Codes of Practice;

(b) MyDeposits http://www.mydeposits.co.uk a tenancy money protection scheme; and

(c) UKALA http://www.ukala.org.uk a trade association representing letting and management agents in the UK.

13.3 You can contact us:

(a) by post or in person at Jan Forster Estates Limited, Polwarth House, 55 Polwarth Drive, Brunton Park, Gosforth, Newcastle upon Tyne, NE3 5NJ; or

(b) by email on marketing@janforsterestates.com