Terms and Conditions of Use of Site
DESIGNS ON PROPERTY LIMITED
1 ACCEPTANCE OF TERMS AND CONDITIONS
[www.propertychecklists.co.uk] (the Site) is operated by Designs on Property Ltd (“the Siteowner”). The site contains some free content which you do not need to register for and some content available to members only. We also have a facility to purchase books. The terms and conditions for purchase of books can be found [here]. These terms and conditions will govern Your use of the Site. By accessing the Site You agree to these terms and conditions.
If You use the Site in the course of business You accept these terms and conditions on behalf of that business and warrant that you have authority to do so.
If You do not agree with these terms and conditions (or You are not authorised to do so) You should not use the Site. If You have any questions You should contact the Siteowner at enquiries@designsonproperty.co.uk.
The Siteowner reserves the rights:
(a) to change or remove (temporarily or permanently) the Site or any part of it without notice and You confirm that the Siteowner shall not be liable to you for any such change or removal; and
(b) to change these Terms and Conditions at any time, and Your continued use of the Site following any changes shall be deemed to be Your acceptance of such change.
2 SERVICES AND FEES
The Siteowner will provide Free Content (which is available to all users of the Site), Subscription Content (which is free to current subscribers) and a facility to purchase Books and Services. The Siteowner reserves the right to vary the Free Content, Subscription Content and Paid-for Content and does not guarantee that the Free Content will remain free of charge or that the Subscription Content or Paid-for Content will remain a paid-for service. To obtain Subscription Content You must take out a subscription to the Site [here]. To obtain Paid For Content from the Site you must make a payment at the time of purchase.
3 SUBSCRIPTIONS
If you take out a subscription/membership, it is currently free of charge.
A subscription will come into effect when the Username and Password are issued to You. If You have paid the Fee for a subscription for a defined period You will have no right of cancellation for that period. This does not affect Your statutory rights. As a Subscriber you will have access to such Subscriber Content as may be present on the Site from time to time.
Renewal will be automatic unless you give notice of termination of your subscription by emailing enquiries@designsonproperty.co.uk.
4 PAID FOR CONTENT
If you purchase Paid For Content this may be downloaded from the Site. You will have no right to cancel your order for Paid For Content.
5 PAYMENT
You must provide the Siteowner with complete and accurate payment information. You can pay the subscription Fee using a credit or debit card [or by setting up a standing order]. You can pay for Paid For Content using a credit or debit card. By submitting credit or debit card details to the Siteowner You warrant that You are entitled to purchase the subscription or Paid For Content using those payment details. If the payment is unauthorised or is withheld or cancelled the Siteowner may suspend or terminate Your access to the Site and Paid-for Content. The Siteowner will try to process Your request for a subscription or any Paid-for Content promptly but does not guarantee that they will be available to You by any specified time.
6 PROVISION OF INFORMATION AND PRIVACY POLICY
You can read the Privacy Policy at http://www.designsonproperty.co.uk/static/privacypolicy. You do not have to register to use the Site in order to access it and enjoy the Free Content.
If You wish to access Subscription Content or Paid-for Content You will be asked to provide the Siteowner with accurate, complete registration information, including contact details, and it is Your responsibility to update and maintain this information.
The Siteowner is entitled to rely on that information to provide Your subscription and Paid-for Content.
7 SECURITY
If You take out a Subscription [or purchase Paid For Content] You will be requested to create a Password in a format specified by the Siteowner (“the Password”). You must not disclose the Password to any other person or entity and must ensure that the Password remains confidential at all times. If You know or have a reasonable suspicion that someone else knows Your Password, You must notify the Siteowner immediately at enquiries@designsonproperty.co.uk.
If the Siteowner has reasonable grounds for believing that You have misused or are misusing the Password, the Siteowner may require You to change Your Password or may suspend Your use of or access to the Site, including Paid-for Content, until such time as the Siteowner is satisfied that the security of the Site is no longer compromised.
8 LIMITATIONS ON USE OF THE SITE AND INTELLECTUAL PROPERTY RIGHTS
All content and services provided by the Siteowner belong to the Siteowner [or are licensed to the Siteowner by licensors including SubHub Limited]. The Siteowner [or its licensors, including SubHub Limited] own all the intellectual property rights in the content and services. The content and services provided are solely for Your personal use and You must not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service provided under this Agreement.
You must not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services. You must not do or permit any act or omission or omit or permit to be omitted anything that results or is likely to result in any infringement of any intellectual property rights owned or used by the Siteowner or its licensors including SubHub Limited or otherwise relating to the Site.
9 LIMITATION OF LIABILITY
You expressly agree that the use of, and browsing of, the Site and the downloading of any material from the Site (including Subscription Content and Paid For Content) is at Your own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site, including SubHub Limited, is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of Your access to, or use of, or downloading from, or inability to use the Site or any linked site, or for the cost of procurement of substitute goods or services, or for any loss or damage resulting from any goods or services purchased or obtained from, or messages received or transactions entered into through the Site, or for any loss or damage resulting from any unauthorised access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages.
Without limiting the foregoing, everything on the Site is provided to You “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement.
While the Siteowner will use reasonable efforts to include accurate and up to date information on the Site, the Siteowner makes no warranties or representations as to its accuracy or completeness. The Siteowner is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by the Siteowner or its affiliates or any other party involved in the Site and is not intended to be relied upon by users in making (or refraining from making) any decisions based on such information.
You must make Your own decision on whether or not to rely on any information posted on the Site. The Siteowner reserves the right to modify information displayed on this Site but it does not make any commitment to update the information displayed on this Site. No party who is involved in the workings of the Site, including the Siteowner and SubHub Limited, will at any time be liable or responsible in any way for the content, including Paid-for Content, and information provided on or via the Site or for Your use of the Site.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. You must check Your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
10 THIRD PARTY SITES
From time to time the Siteowner may make available to You links from the Site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by the Siteowner and You agree that the Siteowner shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that You may have, or the consequences of such dealings, with such third party site operators. Any arrangements made between You and any third party named on the Site are at Your sole risk and responsibility and the Siteowner expressly disclaims any liability for third party information or opinions posted on this Site or any linked sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.
11 INDEMNITY
You agree to indemnify, keep indemnified, defend and hold the Siteowner and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors, including SubHub Limited, (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from Your use of, connection with or conduct on the Site or any breach by You of these terms and conditions.
The Siteowner or SubHub Limited reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and in such case, You agree to co-operate with the defence of such claim.
12 CONSEQUENCES OF BREACH OF THESE TERMS AND CONDITIONS
If the Siteowner or SubHub Limited considers or determines, in their complete discretion, that You have breached, violated or contravened these terms and conditions or have otherwise demonstrated inappropriate conduct in the use of the Site or the content or services they reserve the absolute right to:
(a) warn You that You have violated the Agreement and ask You to discontinue such conduct;
(b) discontinue Your subscription to the site and/or any other related services, including Paid-for Content; and
(c) take measures (including terminating, suspending or restricting Your use of the Site) to prevent Your from using the Site or linking to the Site.
13 THIRD PARTIES
The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement, except in relation to the rights of SubHub Limited.
14 PROPER LAW AND JURISDICTION
These terms and conditions and all matters arising from them shall be governed by and construed according to the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
15 ENTIRE AGREEMENT
These terms and conditions supersede all prior representations, agreements, arrangements and undertakings and constitute the entire agreement relating to their subject matter. By using the Site You confirm that You accept these terms and conditions and that You have done so on the basis of any such representations, agreements, arrangements or undertakings and.
