Terms & Conditions
Please note that this information relates to the use of our website. By making use of ourwebsite you accept these terms and conditions and agree to comply with them. Werecommend that you print a copy for future reference.
By submitting your information to us via this website you agree that we may electronicallyprocess your data to enable us to provide our services to you and that we may contact youabout future services which may be of interest to you. We will not sell or share your datawith any third party. Should you not wish to receive information from us about other servicesyou can ask us not to send such information by emailing us and inserting the words‘Opt-out’ in the subject title. You confirm that the information which you are submitting isgenuine and is in no way related to any act of fraud or to any fictitious event orcircumstance.
Please read these terms and conditions carefully, especially if you are using the website forthe first time. We amend these terms and conditions from time to time. By accessing thewebsite, you are considered to have accepted these terms and conditions as applicable atthe time, even if they have changed since you last used the website. If you are not preparedto accept these terms and conditions, you must stop using the website immediately.
“We” refers to certproperty.co.uk, CERT and CERT Property is a trading name of CERTProperty Limited and CERT Investments Limited. Both are limited companies registered inEngland and Wales with registered numbers 05869097 and 09139801 respectively andwhose registered office is The Courtyard, Royal Mills, 17 Redhill Street, Manchester, M4 5BA. Our VAT number is275865552.
“Us” and “our” shall be construed accordingly.
“Our domain name” refers to the CERT Property domain name including certproperty.co.uk“This domain name” shall be construed accordingly.
“website” refers to all websites, FTP sites and email addresses associated with our domainname. “This website”, “the website”, “our website”, “our FTP site”, “our email addresses”,“our networks”, “our systems”, “our servers” and “our computers” shall all be construedaccordingly.
“These terms” refer to the terms and conditions set out on this page of the CERT Propertywebsite.
“You” refers to any individual or organisation that accesses our website or sends us emailand “your” shall be construed accordingly.
1.2.1 We have registered the CERT Property domain name for our exclusive use. Any useof this domain name by any other party or parties is not permitted.
1.2.2 These terms apply to the website (see clause 1.1).
1.2.3 Nothing in these terms shall create a partnership, joint venture or the relationship ofprincipal and agent or employer and employee between you and us. We are underno obligation to provide you with employment or with any particular product orservice.
1.3.1 By accessing our website, sending us email or any other communication through ourwebsite, you are considered to have accepted these terms, even if they havechanged since you last accessed the website.
1.3.2 We may revise these terms at any time by updating this page of the website. You areadvised to review these terms regularly to check whether you still accept theseterms.
1.3.3 If you do not wish to be bound by these terms, then you must stop using our websiteand sending us email and other communications immediately.
1.4.1 At our absolute discretion, we shall decide whether or not you have complied withthese terms.
1.4.2 If we decide that you are in breach of these terms, we may suspend your access toall or part of our website without warning or any entitlement to compensation on yourpart and with no obligation for us to provide you with an explanation.
1.4.3 If we decide that you are in breach these terms and we choose to ignore it on thatoccasion, it does not imply any loss or suspension of our entitlements under theseterms. We may still use our rights under these terms at a later date or in any othersituation where we determine that you are in breach of them.
1.5 Transfer of Rights
1.5.1 You may not transfer any of your rights under these terms to any other person ororganisation.
1.5.2 We may transfer our rights under these terms to another organisation provided thatwe believe in good faith that your rights under these terms will not be affected bysuch a transfer.
2. Our Provision of the website
2.1 Purpose of the website
Our website is available free of charge but we do not guarantee that any information on itwill always be so available or subject to uninterrupted use. We may suspend orwithdraw or restrict the availability of all or any part of our website for business oroperational reasons. We will try to give you reasonable notice wherever possible.
2.2 Changes to the website
2.2.1 We reserve the right to change the content or functionality of the website at any time,without notice and with no obligation to provide an explanation.
2.2.2 We reserve the right to make all or any part of the website temporarily orpermanently unavailable, at any time, without notice and with no obligation toprovide an explanation.
2.3.1 Whilst we will endeavour to make reasonable efforts to ensure that the quality andcontent of the website is of a high standard and up to date, we do not make anyrepresentation, warranty or guarantee, whether express or implied, that the content
of our website will be accurate or complete nor that it will be permanently available,uninterrupted or error free, nor that any errors will be corrected, nor that content willbe kept up to date or will always be free of computer viruses or other harmfuldevices. We do not guarantee that our site will be secure or free from bugs or viruses.
2.3.2 You are responsible for configuring your information technology, computer programmesand platform to access our site. You should use your own virus protection software.
2.3.3 The content on our website is provided for general information only and it is notintended to amount to advice on which you should rely. You must obtainprofessional or specialist advice before taking, or refraining from taking, any actionon the basis of the content of our website.
3. Intellectual Property Rights
3.1 General Copyright
3.1.1 We are the owner or licensee of all intellectual property rights in our website and thematerials published on it.
3.1.3 Except where explicitly permitted under clause 3.2, the printing or copying of thewebsite or any part thereof for any purpose is not allowed without our writtenpermission.
3.2.1 The printing or copying or downloading of one version of any small extract of thewebsite is permitted, provided that this is done strictly for private, non-commercialuse, and that such extracts are not modified, that any graphics, videos, audiosequences, photographs or illustrations are not used separately from theaccompanying text and that any copyright and trademark notices are left intact. Youmust not use any content on our website for commercial purposes without a licence.
3.2.2 Our status (and that of any identified contributors) as the authors of any content onour website must always be acknowledged.
3.2.3 If you breach such terms, your right to use the website will cease immediately andyou must, at our option, return to us or destroy any copies you have made of anymaterials without prejudice to any other rights we may have.
4. Your Use of the website
4.1 Prohibited Use of the Website
4.1.1 You must not use the website to gain or attempt to gain unauthorised access to anyof our computers, servers, systems or networks, whether through hacking, passwordmining or by any other means.
4.1.2 You must not attempt to gain access to any secured areas of the website or use thewebsite in any way which compromise its security.
4.1.3 You must not use the website to obtain (or attempt to obtain) any materials orinformation through any means not intentionally made available by us through thewebsite.
4.1.4 You must not use the website in any way that may impair its performance, corrupt itscontent or otherwise reduce its overall functionality.
4.1.5 You must not use the website in any way that is unlawful in the United Kingdom, orin the country from which you access the website.
4.1.6 You must not use the website in any way that may interfere with another person’slegitimate use or enjoyment of it.
4.1.7 You must not misuse our website by knowingly introducing viruses, trojans, worms, logicbombs or other material that is malicious or technologically harmful. You must notattempt to gain unauthorised access to our website, the server on which our website isstored or any server, computer or database connected to our website. You must notattack our website via a denial-of-service attack or a distributed denial-of service attack.By breaching this provision, you would commit a criminal offence under the ComputerMisuse Act 1990. We will report any such breach to the relevant law enforcementauthorities and we will co-operate with those authorities by disclosing your identity tothem. In the event of such a breach, your right to use our website will cease immediatelywithout prejudice to any other rights we may have.
4.2 Our Liability for Your Use of the website
4.2.1 If you choose to access our website you do so at your own risk. We cannot acceptany responsibility for any losses you may incur as a consequence of your use of thewebsite.
4.2.2 We do not exclude or limit in any way our liability to you where it would be unlawful to doso. This includes liability for death or personal injury caused by our negligence or thenegligence of our employees, agents or subcontractors and for fraud or fraudulentmisrepresentation.
4.2.3 Different limitations and exclusions of liability will apply to liability arising as a result ofthe supply of any products or services to you, which will be set out in the separateapplicable terms and conditions.
4.2.4 If you are a business user:
18.104.22.168 we exclude all implied conditions, warranties, representations or otherterms that may apply to our site or any content on it.
22.214.171.124 we will not be liable to you for any loss or damage, whether in contract, tort(including negligence), breach of statutory duty, or otherwise, even ifforeseeable, arising under or in connection with: (i) use of, or inability touse, our website; or (ii) use of or reliance on any content displayed on ourwebsite. In particular, we will not be liable for, loss of profits, sales,business, or revenue; business interruption; loss of anticipated savings;loss of business opportunity, goodwill or reputation; or any indirect orconsequential loss or damage.
4.2.5 If you are a consumer user:
126.96.36.199 we only provide our site for domestic and private use. You agree not to useour site for any commercial or business purposes, and we have no liabilityto you for any loss of profit, loss of business, business interruption, or lossof business opportunity.
188.8.131.52 if defective digital content that we have supplied damages a device ordigital content belonging to you and this is caused by our failure to usereasonable care and skill, we will either repair the damage or pay youcompensation. However, we will not be liable for damage that you couldhave avoided by using reasonable care or by failing to comply withreasonable industry standard guidance.
4.2.6 Some of the services offered through our website may not be lawful or mayotherwise not be permitted outside the United Kingdom. If you attempt to order,receive, purchase or otherwise benefit from any such services, we do not accept anyliability for any losses suffered by you in using our website which you would not havesuffered had you been accessing our website in the United Kingdom.
4.2.7 If you send any information to us via email or one of our websites, we cannot acceptany responsibility for any consequential losses you may incur.
4.2.8 This website may include information and materials uploaded by other users of thewebsite, including to bulletin boards and chat rooms. This information and thesematerials have not been verified or approved by us. The views expressed by otherusers on our website do not represent our views or values. If you wish to bring anysuch content to our attention please contact us on [email protected]
4.3 Your Responsibilities for Your Use of the website
4.3.1 You are responsible for ensuring that all persons who access our website throughyour internet connection are aware of these terms and conditions and that theycomply with them.
4.3.2 You must keep any account details associated with your use of this website safe andwe have the right to disable any user identification code or password at any time ifwe suspect, in our reasonable opinion, that you have failed to comply with theseterms and conditions.
4.3.2 You agree to indemnity us fully and to keep us fully indemnified against all costs,expenses, claims, losses, liabilities or proceedings arising from use or misuse by youof the website.
4.3.3 You must notify us immediately if anyone makes or threatens to make any claimagainst you relating to your use of the website.
5. Submission of Information by You
5.1 We reserve the right to treat any non personal information you send us as nonconfidential and non proprietary.
5.3 You must not send us any personal information about anyone except yourselfwithout their permission.
5.4 You must not send us anything which is in breach of confidence or in breach ofprivacy unless you have permission from the owner to send it to us.
5.5 You must not send us anything which may prove technically harmful to any of ourcomputer systems, including (but not limited to) computer viruses, worms, TrojanHorses, spyware, adware, logic bonds, corrupted data, or any other malicioussoftware or harmful devices.
5.6 You must not send us any unsolicited e-mail, whether commercial ornon-commercial.
5.7 You must not send us anything which encourages the commission of a criminaloffence in any country.
5.8 You must not send anything which could be construed by a reasonable person as:
- libellous, defamatory, scandalous or inflammatory;
- liable to incite racial, ethnic, religious or homophobic hatred;
- threatening, harassing, abusive, menacing or hateful;
- otherwise liable to cause offence, annoyance or inconvenience.
5.9 Whenever you make use of a feature that allows you to upload content to our website, orto make contact with other users of our site, you must comply with the content standardsset out in our Acceptable Use Policy. We have the right to remove any material posted toour website which does not accord with such standards and you are solely responsiblefor backing up your own content.
5.10 You warrant that any such contribution does comply with those standards, and you willbe liable to us and indemnify us for any breach of that warranty. This means you will beresponsible for any loss or damage we suffer as a result of your breach of warranty.
5.11 Any content you upload to our site will be considered non-confidential andnon-proprietary. You retain all of your ownership rights in your content, but you arerequired to grant us and other users of our site a limited licence to use, store and copythat content and to distribute and make it available to third parties. We also have theright to disclose your identity to any third party who is claiming that any content posted oruploaded by you to our site constitutes a violation of their intellectual property rights, orof their right to privacy.
6. Rules about linking to our website
6.1 You may link to our home page, provided you do so in a way that is fair and legal anddoes not damage our reputation or take advantage of it. You must not establish a link insuch a way as to suggest any form of association, approval or endorsement on our partwhere none exists.
6.2 You must not establish a link to our website in any website that is not owned by you.
6.3 Our website must not be framed on any other site, nor may you create a link to any partof our website other than the home page.
6.4 We reserve the right to withdraw linking permission without notice.
6.5 The website in which you are linking must comply in all respects with the contentstandards set out in our Acceptable Use Policy.
6.6 If you wish to link to or make any use of content on our site other than that set outabove, please contact [email protected] for permission.
7. External website
7.1 Certain links at our website lead to servers and website maintained by third partiesnot connected with us. We are not responsible for the content of these externalwebsites, or for any losses you may occur as a consequence of using them.
7.2 Where our website contains links to other websites or to resources provided by thirdparties, such links are provided for information only and should not be interpreted asour approval of them or of any information contained on them or accessed throughthem. We have no control over the content of those websites or resources.
8. Applicable Law
8.1 Nothing in these terms and conditions shall be construed so as to exclude or limit ourliability for death or personal injury as a result of the negligence of our employees oragents.
8.2 These terms and conditions are governed by the laws of England and Wales. Anydisputes arising over these terms must be settled in the United Kingdom courts. Ifyou are a consumer and are a resident of Northern Ireland, you may also bringproceedings in Northern Ireland and if you are a consumer and are a resident ofScotland, you may also bring proceedings in Scotland.
8.3 We do not represent that any content available on or through our website isappropriate for use or available for use in any other location.
8.4 If any provision of these terms and conditions is held to be invalid or unenforceableby a court of competent jurisdiction, such provision shall be struck out and theremaining provisions shall remain in force.