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Terms and Conditions

By using the website at www.henryandjames.co.uk (“Website”), You confirm that you accept these terms of use (“Terms”) and that you agree to comply with them.

If You do not agree with these Terms 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, London SW1X 8JX (“Henry & James”, “we”, “our” or “us”).

To contact us, please use one of the following options:

Site: www.henryandjames.co.uk

E-mail: belgraviaoffice@henryandjames.co.uk

Post: 1 Motcomb Street, London SW1X 8JX

Telephone: +44(0) 207 235 8861

 

1 Use of the Website and the Contract Between Us

1.1 In these Terms ‘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 these Terms 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 which is governed by these Terms.

2 Obligations of Henry & James

2.1. Henry & James shall subject to Clause 8.8, 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:

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

2.4 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

3.3 You agree to any information You have entered above being stored in a database and it will be used and protected by us in accordance with our Privacy Policy.

3.4 You may use the information available on the Website as resource for either voluntary or professional purposes in accordance with these Terms.

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 these Terms;

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 Intellectual Property Rights

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

5.2 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.

5.3 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’.

5.4 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.

5.5 In all cases of commercial use in accordance with this Clause 5 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.’

5.6 Any permission to reproduce material from the Website under this Clause 5 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.

5.7 Any material reproduced in accordance with this Clause 5 must be reproduced accurately and not used in a misleading context.

5.8 Subject to these Terms 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.

5.9 For the purposes of these Terms, 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.

6 Termination

6.1 Henry & James may terminate the contract for Your use of the Website at any time without notice.

6.2 Any licence granted to You under these Terms may be terminated by Henry & James:

6.2.1 immediately by notice;

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

7 Limitation of Liability

7.1 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, business interruption, loss of anticipated savings, lost revenue or profits, lost or damaged data or other commercial or economic loss, that result from:

7.1.1 Your use of, or inability to use, the Website; or

7.1.2 Your use of, or reliance, on any content displayed on the Website.

7.2 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.

7.3 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.

7.4 Nothing in these Terms shall exclude or limit the liability of Henry & James for:

7.4.1 death or personal injury arising from its negligence; or

7.4.2 liability arising from fraud.

8 Disclaimer of Warranty

8.1 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 and You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Website. 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.

8.2 Henry & James accepts:

8.2.1 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 makes no representations, warranties or guarantees, whether express or implied, as to the accuracy and completeness of the material on the Website; and

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

8.3 Henry & James may update the Website and/or 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.

8.4 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.

8.5 The contents of the Website are provided without any conditions. 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 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.

8.6 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.

8.7 Henry & James does not guarantee that the Website will be secure or free from bugs or viruses. You should use your own virus protection software.

8.8 Henry & James does not warrant that the Website will operate uninterrupted or error free or that the information on the Website is accurate or complete. We may suspend or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or restriction.

8.9 You are also responsible for ensuring that all persons who access the Website through Your internet connection are aware of these Terms, and they comply with them.

9 Links to Other Companies or Organisations

9.1 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.

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

9.3 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. Henry & James’ contact details are available above.

9.4 The website in which you are linking must comply with our Permitted Use policy (please see Clause 3 above).

10 Changes to the Website and/or these Terms

10.1 From time to time Henry & James may add new features to the Website and enhance the user experience that Henry & James offers to You. This may lead to changes in these Terms. Your subsequent use of the Website will be deemed to signify Your acceptance of the changes.

11 Waiver

11.1 No failure or delay by Henry & James to exercise any right or remedy provided under these Terms 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.

12 Third Party Rights

12.1 A person who is not a party to the contract for your use of the Website 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 the contract which is subject to these Terms.

13 Entire agreement

13.1 These Terms supersede 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).

14 Jurisdiction and Law

14.1 These Terms are governed by the laws of England.

14.2 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 these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.