Terms & Conditions - Blacks of Bacton

THE FOLLOWING ‘TERMS OF USE’ AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING WWW.BLACKSOFBACTON.CO.UK (“The website”).

1. INTRODUCTION

1.1 David Black & Son (DBS) is registered in the United Kingdom, with its head office located at Red House Farm, Bacton, Stowmarket, Suffolk, IP14 4LE.
1.2 These ‘Terms of use’ and conditions are deemed to include our Privacy Policy and Cookie Policy also contained within ‘The Website’.
1.3 When you use ‘The website’, you agree to be bound by these ‘Terms of use’ and conditions. If you do not agree to be bound by these ‘Terms of use’, you may not use ‘The website’.
1.4 Certain uses of ‘The Website’ are prohibited and amount to a misuse of our systems and ‘The Website’. Please refer to clause 3.
1.5 You may print and keep a copy of these ‘Terms of use’. They are a legal agreement between us and can only be modified with our consent. We may change these ‘Terms of use’ at our discretion by changing them on ‘The Website’. The then current version of these ‘Terms of use’ will apply whenever you use ‘The Website’.

2. INTELLECTUAL PROPERTY

2.1 The copyright and all other intellectual property rights in ‘The Website’ (including all database rights, trade marks, service marks, trading names, text, graphics, code, files and links) belong to DBS or our business partners or associates. Subject to clause 3, you may download material from ‘The Website’ for the sole purpose of using ‘The Website’. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off any material or information on or downloaded from ‘The Website’ without attributing it to DBS or our prior written consent, where applicable.
2.2 ‘The Website’ may contain links to websites operated by third parties. DBS 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. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from ‘The Website’, you do so at your own risk.
2.3 The details of the properties available on ‘The Website’ are provided for your information only. We make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.

3. YOUR OBLIGATIONS AND CONDUCT

3.1 You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use ‘The Website’ and that your computer system is compatible with ‘The Website’.
3.2 You must not misuse our system or ‘The Website’. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and ‘The Website’, or attempt to carry out any of the foregoing.
3.3 You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or ‘The Website’, or to search, display or obtain links to any part of ‘The Website’, other than the home page at www.blacksofbacton.co.uk. Obtaining access to any part of our system or ‘The Website’ by means of any such automated programs (other than a Permitted Program) is strictly forbidden.

4. REGISTRATION

4.1 To register for the DBS property enquiry service and receive details of properties on ‘The Website’, you must submit a completed request for quotation form to us. At our discretion, we may refuse your application for registration.
4.2 Each registration is for a single user only. You may not share your username and password with any other person nor with multiple users on a network.
4.3 You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
4.4 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 Website’. You will notify us immediately of any unauthorised use of them or any other breach of security of ‘The Website’ of which you become aware.

5. BARRING FROM ‘THE WEBSITE’

5.1 We reserve the right to bar users from ‘The Website’ and/or restrict or block their access or use of any and 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 Website’ under any other name or through any other user.

6. WARRANTY

6.1 Whilst we endeavour to ensure that any material available for downloading from ‘The Website’ is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
6.2 Due to the nature of software and the internet, we do not warrant that your access to, or the running of, ‘The Website’ will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
6.3 The information provided on ‘The Website’ is for general interest only and does not constitute specific advice. Whilst we endeavour to ensure that the information on ‘The Website’ is accurate, complete and up-to-date we make no warranties or representations that this is the case.
6.4 We make no warranty or guarantee that ‘The Website’ or information available over it complies with laws other than those of England.

7. LIABILITY

7.1 Nothing in these ‘Terms of use’ will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
7.2 Subject to clause 7.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
7.3 Subject to clause 7.1, 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.
7.4 Subject to clause 7.1, we accept no liability for any loss suffered as a result of your use of ‘The Website’ or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.

8. LEGAL JURISDICTION

8.1 English law shall apply to these ‘Terms of use’. You irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these ‘Terms of use’ and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the English courts.

9. NOTICES

9.1 All notices shall be given:

9.1.1 To us by post to David Black & Son, Red House Farm, Bacton, Stowmarket, Suffolk, IP14 4LE.
9.1.2 To you, by email to the email address that you provide to us at the point of your registration.
9.2 All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received 3 working days after the date of posting.

10 GENERAL

10.1 We may from to time to time change the content of ‘The Website’ or suspend or discontinue any aspect of ‘The Website’, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new content to ‘The Website’ will be subject to these ‘Terms of use’.
10.2 These ‘Terms of use’ are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of these ‘Terms of use’ cannot be enforced, that particular part of these ‘Terms of use’ will not apply, but the rest of these ‘Terms of use’ will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these ‘Terms of use’ shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these ‘Terms of use’. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these ‘Terms of use’.