Terms & Conditions

1.1 Definitions

“We” refers to certproperty.co.uk, CERT and CERT Property, that are trading names of CERT Property Limited, CERT Investments Limited and CERT Residential Property Management Limited. All are limited companies registered in England and Wales with registered numbers 05869097, 09139801 and 11401729 respectively and whose registered office is Hilton House, 26-28 Hilton Street, Manchester, M1 2EH. CERT Property Limited’s VAT number is 876489063.

“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 domain name. “This website”, “the website”, “our website”, “our FTP site”, “our email addresses”,“our networks”, “our systems”, “our servers” and “our computers” shall all be construed accordingly.

“These terms” refer to the terms and conditions set out on this page of the CERT Property Website.

“You” refers to any individual or organisation that accesses our website or sends us email and “your” shall be construed accordingly.

1.2 Scope

1.2.1 We have registered the CERT Property domain name for our exclusive use. Any use of 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 of principal and agent or employer and employee between you and us. We are under no obligation to provide you with employment or with any particular product or service.

1.3 Acceptance

1.3.1 By accessing our website, sending us email or any other communication through our website, you are considered to have accepted these terms, even if they have changed 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 are advised to review these terms regularly to check whether you still accept these terms.

1.3.3 If you do not wish to be bound by these terms, then you must stop using our website and sending us email and other communications immediately.

1.4 Compliance

1.4.1 At our absolute discretion, we shall decide whether or not you have complied with these terms.

1.4.2 If we decide that you are in breach of these terms, we may suspend your access to all or part of our website without warning or any entitlement to compensation on your part and with no obligation for us to provide you with an explanation.

1.4.3 If we decide that you are in breach of these terms and we choose to ignore it on that occasion, it does not imply any loss or suspension of our entitlements under these terms. We may still use our rights under these terms at a later date or in any other situation 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 or organisation.

1.5.2 We may transfer our rights under these terms to another organisation provided that we believe in good faith that your rights under these terms will not be affected by such a transfer.

 

2.1 Purpose of the website

Our website is available free of charge but we do not guarantee that any information on it will always be so available or subject to uninterrupted use. We may suspend or withdraw or restrict the availability of all or any part of our website for business or operational 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 or permanently unavailable, at any time, without notice and with no obligation to provide an explanation.

2.3 Disclaimer

2.3.1 Whilst we will endeavour to make reasonable efforts to ensure that the quality and content of the website is of a high standard and up to date, we do not make any representation, 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 will be kept up to date or will always be free of computer viruses or other harmful devices. 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 programmes and 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 not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content of our website.

 

3.1 General Copyright

3.1.1 We are the owner or licensee of all intellectual property rights in our website and the materials published on it.

3.1.2 The logos, graphics, images, content, HTML and JavaScript source code and general “look and feel” of the website are protected by international copyright and trademark laws and treaties. All such rights are reserved.

3.1.3 Except where explicitly permitted under clause 3.2, the printing or copying of the website or any part thereof for any purpose is not allowed without our written permission.

3.2 Exceptions

3.2.1 The printing or copying or downloading of one version of any small extract of the website is permitted, provided that this is done strictly for private, non-commercial use, and that such extracts are not modified, that any graphics, videos, audio sequences, photographs or illustrations are not used separately from the accompanying text and that any copyright and trademark notices are left intact. You Must 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 on our website must always be acknowledged.

3.2.3 If you breach such terms, your right to use the website will cease immediately and you must, at our option, return to us or destroy any copies you have made of any materials without prejudice to any other rights we may have.

 

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 any of our computers, servers, systems or networks, whether through hacking, password mining or by any other means.

4.1.2 You must not attempt to gain access to any secured areas of the website or use the website in any way which compromises its security.

4.1.3 You must not use the website to obtain (or attempt to obtain) any materials or information through any means not intentionally made available by us through the website.

4.1.4 You must not use the website in any way that may impair its performance, corrupt its content 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, or in 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’s legitimate use or enjoyment of it.

4.1.7 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack 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 enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately without 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 accept any responsibility for any losses you may incur as a consequence of your use of the website.

4.2.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

4.2.3 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in the separate applicable terms and conditions.

4.2.4 If you are a business user:

4.2.4.1 We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

4.2.4.2 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 if foreseeable, arising under or in connection with: (i) use of, or inability to use, our website; or (ii) use of or reliance on any content displayed on our website. 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 or consequential loss or damage.

4.2.5 If you are a consumer user:

4.2.5.1 We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

4.2.5.2 If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by using reasonable care or by failing to comply with reasonable industry standard guidance.

4.2.6 Some of the services offered through our website may not be lawful or may otherwise 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 any liability for any losses suffered by you in using our website which you would not have suffered 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 accept any responsibility for any consequential losses you may incur.

4.2.8 This website may include information and materials uploaded by other users of the website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our website do not represent our views or values. If you wish to bring any such 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 through your internet connection are aware of these terms and conditions and that they comply with them.

4.3.2 You must keep any account details associated with your use of this website safe and we have the right to disable any user identification code or password at any time if we suspect, in our reasonable opinion, that you have failed to comply with these terms and conditions.

4.3.2 You agree to indemnify us fully and to keep us fully indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of the website.

4.3.3 You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of the website.

 

5.1 We reserve the right to treat any non personal information you send us as nonconfidential and non proprietary.

5.2 Any personal information which you send us shall be treated in accordance with our privacy policy.

5.3 You must not send us any personal information about anyone except yourself without their permission.

5.4 You must not send us anything which is in breach of confidence or in breach of privacy 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 our computer systems, including (but not limited to) computer viruses, worms, TrojanHorses, spyware, adware, logic bonds, corrupted data, or any other malicious software or harmful devices.

5.6 You must not send us any unsolicited e-mail, whether commercial or non-commercial.

5.7 You must not send us anything which encourages the commission of a criminal offence 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, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. We have the right to remove any material posted to your website which does not accord with such standards and you are solely responsible for backing up your own content.

5.10 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible 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 and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, prof their right to privacy.

 

6.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where 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 part of 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 content standards 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 out above, please contact [email protected] for permission.

 

7.1 Certain links at our website lead to servers and websites maintained by third parties not connected with us. We are not responsible for the content of these external websites, 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 third parties, such links are provided for information only and should not be interpreted as our approval of them or of any information contained on them or accessed through them. We have no control over the content of those websites or resources.

 

8.1 Nothing in these terms and conditions shall be construed so as to exclude or limit our liability for death or personal injury as a result of the negligence of our employees or agents.

8.2 These terms and conditions are governed by the laws of England and Wales. Any Disputes arising over these terms must be settled in the United Kingdom courts. If You are a consumer and are a resident of Northern Ireland, you may also bring proceedings 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 is appropriate 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 unenforceable by a court of competent jurisdiction, such provision shall be struck out and the remaining provisions shall remain in force.