terms & conditions

The following agreement, together with the Henry & James Privacy Policy (this Agreement) sets out the terms of use on which You make use of the website at http://www.henryandjames.co.uk (the Website), whether as a guest or as a registered user. Please read this Agreement carefully before You start to use the Website. By using the Website, You indicate that You accept and agree to abide by this Agreement.

If You do not agree with the terms of this Agreement and the Privacy Policy, please do not use the Website.

Information about Us

The Website is owned and operated by Henry & James (Estate Agents) Limited trading as Henry & James, a company registered in England under company number 08482773 whose registered office is at 1 Motcomb Street , Belgrave Square, London SW1X 8JX (Henry & James).

1 Use of the Website and the Contract Between Us

1.1 In this Agreement the term 'You' means the individual using the Website and 'Your' shall be construed accordingly.

1.2 The information and any services provided by Henry & James via the Website deal generally with issues under English Law and such information or services do not purport to comply with laws and regulations of Scotland, Northern Ireland or any country outside England and Wales.

1.3 You agree to only use the Website in accordance with this Agreement and all applicable laws.

1.4 The offer by Henry & James to provide access to the Website and Your acceptance of that offer by visiting the Website brings into existence a legally binding contract between us.

1.5 This Agreement is a contract for the provision of information and services and nothing in this Agreement shall create or be deemed to create a legal partnership or the relationship of agent and principal or the relationship of employer and employee between the You and Henry & James.

2 Obligations of Henry & James

2.1.1 Henry & James shall subject to Clause 10.9, provide access to the Website.

2.2 The information and services shall be provided free of charge but Henry & James reserves the right to charge for either:

2.2.1 access to certain information and services in its absolute discretion; or

2.2.2 Henry & James's costs in the provision of information.

3 Permitted Use

3.1 You may use the Website for lawful purposes only.

3.2 You:

3.2.1 warrant that You are 18 years old or over;

3.2.2 warrant that You are resident in the United Kingdom of Great Britain and Northern Ireland or the Republic of Ireland; and

3.2.3 warrant that You shall not register with the Website more than once.

3.3 You agree that the webmaster, administrator and moderators of the Website have the right to remove, edit, move or close any item or activity on the Website at any time should they see fit. You agree to any information You have entered above being stored in a database.

3.4 You agree to the terms of the disclaimer as stated at Clause 10 of this Agreement.

3.5 You may use the information available on the Website as resource for either voluntary or professional purposes in accordance with this Agreement.

3.6 If you register with the Website and establish an account you shall be issued with a user name and password. You are responsible for keeping this information confidential and you agree not to disclose this information to any third party without the prior written consent of Henry & James. You shall remain responsible for any use of the Website occurring through the use of your user name.

4 Prohibited Use

4.1 You may not use the Website:

4.1.1 in any way that breaches any applicable local, national or international law or regulation;

4.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

4.1.3 for the purpose of harming or attempting to harm minors in any way.

4.2 You agree that You will not:

4.2.1 reproduce, duplicate, copy or sell any part of the Website in contravention of this Agreement;

4.2.2 access without authority, interfere with, damage or disrupt:

4.2.2.1 any part of the Website;

4.2.2.2 any equipment or network on which the Website is stored;

4.2.2.3 any software used in the provision of the Website.

5 Content You contribute

5.1 You agree that You shall abide by the contents standard as set out in this Clause 5 when You make any contribution to the Website and that any contribution You make must be:

5.1.1 accurate (where facts are stated);

5.1.2 genuinely held (where opinions are stated);

5.1.3 comply with applicable laws in the UK and in any country from which it is posted.

5.2 You agree that You shall not:

5.2.1 post any abusive, obscene, vulgar, defamatory, hateful, threatening, sexually-oriented or any other material that may violate any applicable laws. Doing so may lead to You being immediately and permanently banned (and Your service provider being informed). The IP address of all posts is recorded to aid in enforcing these conditions;

5.2.2 send, knowingly receive, upload, download, use or re-use any material which does not comply with the standards set out in this Agreement;

5.2.3 transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation including conducting or forwarding surveys, questionnaires, contests and chain letters (spam);

5.2.4 post any advertising material on the Website without the prior written consent of Henry & James. You accept that any such written consent may be subject to payment;

5.2.5 place any web-links on any part of the Website to any website;

5.2.6 knowingly transmit any data, send or upload any material that contains any viruses or other harmful programmes designed to adversely affect the operation of any computer software or hardware used in the operation of the Website.

6 Uploading material to the Website and editing material on the Website

6.1 Whenever You make use of a feature that allows You to upload material to the Website, edit existing material on the Website, or post contributions to the Website You must comply with terms of this Agreement. You warrant that any such contribution does comply with the minimum standards set out in this Agreement and that You shall indemnify Henry & James for any breach of that warranty.

6.2 Henry & James shall moderate the content of the Website. Whilst the administrators and moderators will attempt to remove or edit any generally objectionable material as quickly as possible, it is not possible to review every contribution. Therefore You acknowledge that all contributions made to the Website express the views and opinions of the author(s) and not the administrators, moderators or webmaster (except for posts by these people) and hence Henry & James will not be held liable for those contributions.

6.3 Subject to the terms of Henry & James's Privacy Policy and Clause 6.4 below, whilst information and contributions posted on the Website outside of the public areas of the Website will not be disclosed to any third party without Your consent the webmaster, administrator and moderators cannot be held responsible for any hacking attempt that may lead to the data being compromised.

6.4 Henry & James may disclose information in respect of any information or material posted on the Website to the relevant authorities should it reasonably believe that criminal activity is taking place or it believes that an individual or a group of individuals are at risk of harm.

6.5 Henry & James reserves the right at its sole discretion to disregard, delete or omit any contribution offered by You or any other third party to the Website, particularly, but not limited to information that is illegal, not in the best interests of the users of the Website or contrary to public policy or the policies of Henry & James.

7 Intellectual Property Rights

7.1 All copyright and other intellectual property rights in the materials on the Website are owned by Henry & James unless otherwise indicated.

7.2 Where organisations linked to Henry & James have elected to provide their branding and any other intellectual property on any part the Website in agreement with Henry & James they retain ownership of all such rights.

7.3 In respect of material provided by You copyright remains with You and You hereby grant a non-exclusive, perpetual, worldwide, royalty-free, sub-licensable and transferable licence to Henry & James to use, reproduce, distribute, prepare derivative works of, and display the content in connection with the Website and Henry & James's business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. Contributors of material to the Website also grant a licence to users of the Website to use such material on the terms of this Agreement.

7.4 You may download, print or copy any material from the Website that You wish, provided it is for Your own personal use and You keep in place all original copyright notices or other intellectual property notices. In such case if the material is not used in its original format the source must always be acknowledged as follows 'taken from http://www.henryandjames.co.uk a free on-line resource from Henry & James. © 2014 Henry & James (Estate Agents) Ltd.

7.5 Larger sections of text from the Website can be used for commercial purposes under license from Henry & James. If You are in doubt as to how much material from the Website You can use in Your own commercial materials, or wish to obtain a license, You should contact Henry & James.

7.6 In all cases of commercial use in accordance with this Clause 7 the following notice must be included in the materials produced and remain intact: 'This material is being used under licence from Henry & James (Estate Agents) Limited (Henry & James). Selling or using extensive portions of material from the website as part of a for-profit activity, without prior written consent from Henry & James is prohibited. You must obtain permission before redistributing this material, for permission please contact Henry & James.'

7.7 Any permission to reproduce material from the Website under this Clause 7 does not extend to any material on the Website that is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned.

7.8 Any material reproduced in accordance with this Clause 7 must be reproduced accurately and not used in a misleading context.

7.9 Subject to the terms of this Agreement You may not copy, modify, alter, distribute, publish, sell or otherwise use any material on the Website in whole or in part, unless You have obtained the prior written consent of Henry & James.

7.10 For the purposes of this Agreement, commercial purposes includes a charity using the information for the purposes of fundraising or providing services which are paid for by the user or a third party, under contract or by grant.

8 Termination

8.1 Henry & James may terminate this Agreement and Your use of the Website as a registered user or unregistered guest at any time without notice.

8.2 Any licence granted to You under this Agreement may be terminated by Henry & James:

8.2.1 immediately by notice;

8.2.2 automatically if materials form the Website are misused or used by You or us as a result of Your acting without a credit for the copyright holder or Henry & James.

8.3 You can terminate this Agreement at any time by unsubscribing from the Website by email. The termination will take effect three business days after the receipt of Your notice. Henry & James's contact details are available on the Website under 'contact us'.

8.4 For the avoidance of doubt any licence granted by You to Henry & James will not terminate on the termination of this Agreement.

9 Limitation on Liability

9.1 Neither Henry & James nor any linked organisation shall be liable to You or to any other person or entity in any way, whether arising under contract, tort (including negligence) or otherwise, for damages of any kind arising from the use of the Website, including, but not limited to, direct, indirect, incidental, punitive or consequential damages, lost revenue or profits, lost or damaged data or other commercial or economic loss, that result from Your use of, or inability to use, the Website.

9.2 Neither Henry & James nor its linked organisations shall be liable in any way whatsoever for any loss, cost, claim or other damage howsoever caused by any third party including those whose details can be found on the Website or may otherwise be communicated to You by Henry & James.

9.3 If this limitation of liability provision shall be deemed unenforceable, either in whole or in part, then such parts as are unenforceable shall be deleted, the remaining parts shall remain in full force and effect and the liability of Henry & James and any of its linked organisations shall be limited to the greatest extent permitted by law.

9.4 Nothing in this Agreement shall exclude or limit the liability of Henry & James for:

9.4.1 death or personal injury arising from its negligence; or

9.4.2 liability arising from fraud.

10 Disclaimer of Warranty

10.1 Materials posted on the Website are for information only and are not intended to:

10.1.1 amount to advice on which reliance should be placed; or

10.1.2 constitute legal or accounting advice in relation to any of the issues covered.

10.2 Any views expressed on the Website are opinion and are not intended to constitute facts or advice and users should not rely on them as such. Nothing made available by Henry & James or others through this Website shall be taken to be financial, legal or other professional advice. In providing this Website, Henry & James does not imply or establish any client relationship. A client relationship shall only exist once Henry & James has entered into a contract of engagement with you.

10.3 Henry & James accepts:

10.3.1 no responsibility for the accuracy of the information (including but not limited to any floor plans, property description or price) on the Website or the use to which it is put. Whilst Henry & James takes reasonable care and exercises due diligence in relation to ensuring that the information on the Website is correct and up to date, Henry & James does not warrant the accuracy and completeness of the material on the Website;

10.3.2 no liability or responsibility for any errors, misrepresentations or omissions therein.

10.4 Henry & James may make changes to the material on the Website, including to the details relating to the properties and prices described on it, at any time without notice. Where any errors, misrepresentations or omissions in information on the Website are brought to our attention, we will make reasonable efforts to update it as soon as is practicable.

10.5 Contact should always be made directly with our offices in order to verify whether or not any information shown on the Website is accurate and up to date. No reliance should be placed on the information on the Website and Henry & James shall not be liable for any damages whatsoever arising or loss caused directly or indirectly by reliance on it, including as a result of any action or inaction on your part that arises through reliance on it.

10.6 The contents of the Website are provided without any conditions or warranties. Accordingly, to the maximum extent permitted by law, Henry & James provides you with the Website and its contents, including but not limited to material provided by third parties, on the basis that Henry & James excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose, which, but for this legal notice, might have effect in relation to the Website and its contents.

10.7 Advertisements posted on the Website by suppliers or any other third parties are for information only. Henry & James does not monitor the content of all the advertisements on the Website and does not make any representations as to their accuracy or otherwise. Any dealings You may have with those suppliers or other third parties are entirely at Your own risk.

10.8 Separate terms and conditions may apply to certain products, services and materials available through the Website. In which case this will be brought to Your attention. Subject to this, no express or implied warranties of any kind are made in respect of the Website or the products, services and materials available through it.

10.9 Henry & James does not warrant that the Website will operate uninterrupted or error/virus free or that the information on the Website is accurate or complete.

11 Links to Other Companies or Organisations

11.1 The Website provides web-links (and other contact details) to other websites that offer products, services and materials Henry & James thinks will be of interest to You. Some of these websites are operated in conjunction with other companies/organisations and some are operated solely by independent companies/organisations. Henry & James has no control over such websites and resources and accepts no liability for any products, services, materials or information contained on or available through linked websites or otherwise provided by any other company/organisation referred to on the Website. These links are provided purely for Your convenience but Henry & James does not endorse the material on these websites.

11.2 No linked websites are covered by this Agreement, therefore, You should check what terms cover the use of these websites before using them.

11.3 You may only create a link to the Website with Henry & James's prior written permission. Henry & James reserves the right to remove any links to the Website that it deems are inappropriate without notice.

12 Data Protection

12.1 We are permitted to process Your Personal Data (as defined by the Data Protection Act 1998) in accordance with our Privacy Policy.

13 Changes to the Terms of Use Policy

13.1 From time to time Henry & James may add new features to the Website and enhance the level of service that Henry & James offers to You. This may lead to changes in this Agreement. Any such changes will be notified to You by Henry & James updating this Agreement and Your subsequent use of the Website will be deemed to signify Your acceptance of the changes.

14 Waiver

14.1 No failure or delay by Henry & James to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

15 Third Party Rights

15.1 A person who is not a party to this Agreement shall not have any rights under or in connection with it and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

16 Entire agreement

16.1 This Agreement supersedes all prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties relating to the subject matter hereof (save that neither party seeks to exclude liability for any fraudulent pre-contractual misrepresentation upon which the other party can be shown to have relied).

17 Jurisdiction and Law

17.1 This Agreement is governed by the laws of England.

17.2 The parties irrevocably agree that the courts in England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this Agreement or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

17.3 The place of performance shall be England.

18 Lettings Fees & Charges

Charges payable by a tenant:

Administration fee : £240
Referencing fee : £60 per person
Renewal administration fee (if applicable) : £120
Inventory check-out charge : this will be determined by the size of the property and its condition at the end of the tenancy.
End of tenancy clean : this will be determined by the size of the property and its condition at the end of the tenancy.

All the above charges are inclusive of VAT.

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