PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
1.1 These are the terms and conditions of use ("Terms") for www.house-builder.co.uk and www.hbmedia.co.uk (the "Site(s)"). All dealings through the Sites are subject to these Terms. Your use of the Sites constitutes acceptance of these Terms as a legally binding agreement. If you do not agree with these Terms you must not use the Sites. We may vary these Terms from time to time at our discretion by publishing revised terms on the Site. From the time of publication we and you shall be bound by these Terms as revised. We therefore advise you to frequently check these terms. Please confirm your acceptance of the Terms by clicking I ACCEPT at the foot of any page that asks you to ACCEPT them.
1.2 The Content provided on the Site is made available by Housebuilder Media Limited (we or us) and your contract will be with us. We are an English company (registered number 01952317 ) with registered address at One Fleet Place, London, EC4M 7WS .
1.3 The Site provides access to digital content that is provided free of charge on registration. No content may be reproduced for profit and without express permission from Housebuilder Media .
2.1 In these Terms the following phrases shall have the following meanings, where the context permits: Acceptance means as defined in Clause 6; Consumer means a natural person who, in contracts to which the Consumer (Distance Selling) Regulations 2000 (as amended) apply, is acting for purposes that are outside his or her business; Content means as defined in Clause 1.3; Process means the process through which you communicate with us with a view to the purchasing any Content or making an event booking, all as described in Clause 6; Working Day means a day on which banks are open for business in London, and excludes weekends and public holidays; you means an individual user of the Site.
3 AGE RESTRICTION, REGISTRATION AND SECURITY
3.1 You must be aged 18 or over to make any purchases from this Site. By placing an order with us, you confirm that you are of legal age to purchase the Content.
3.3 You shall not reveal the personal information of Your Account to any third party and will take all reasonable steps to ensure the security of your password and other relevant information. We will not be held responsible for any losses incurred due to unauthorised use of Your Account by any third party. It is your responsibility to bring to our attention any unauthorised use of Your Account as soon as possible. You may not enter the site using details of another user. It is your responsibility to ensure all data relating to Your Account has been entered correctly and kept up to date. You agree to accept responsibility for all activity that occurs under Your Account or password.
4 SYSTEM REQUIREMENTS
Prior to accepting these Terms, please ensure that the device through which you are accessing the Content meets the specifications required. Use of the Content requires a compatible computer or other compatible device such as a mobile phone or PDA, internet access and certain software. Any fees payable for any such hardware, internet access or software shall be your responsibility. If you need information on the specifications of any equipment, internet access or software required to receive our services please email us at email@example.com.
5 USING THE SITE
5.1 Wherever you are asked to provide information in connection with the Site, you agree to provide true, accurate, current and complete details. You are not obliged to provide us with any optional information requested.
5.2 You agree not to:
5.2.1 impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or email address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
5.2.2 modify, access or make available data or Content stored on a computer or device which you have accessed through our network, when either (a) the owner of the data, computer or device has taken steps to prevent you from doing this or (b) the owner has expressed a wish that you do not do this;
5.2.3 make available or upload files that contain Content or other material, data or information not owned by or licensed to you or collect information about others (such as names and addresses) without their prior consent;
5.2.4 damage, interfere with or disrupt access to the Site or do anything which might impair its functionality;
5.2.5 use the Site in any way to send unsolicited (commercial or otherwise) email or any material for marketing or publicity purposes, or any similar abuse of either;
5.2.6 publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
5.2.7 make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, trojan horses, worms, or any other harmful software;
5.2.8 falsify the true ownership of Content or other material or information contained in a file made available via the Site;
5.2.9 obtain or attempt to obtain unauthorised access, through whatever means, to the Site.
5.3 You shall not use the Site for any purpose or in any way that is prohibited by these Terms or otherwise unlawful.
5.4 You shall indemnify us in respect of any loss that we suffer as a result, directly or indirectly, of any breach by you of this undertaking.
6 VIRUS PROTECTION AND COMPATIBILITY
6.1 While certain precautions have been taken to detect computer viruses and ensure security, we cannot guarantee that the Site is virus-free and secure.
6.2 We shall not be liable for any loss or damage that occurs as a result of any virus or breach of security. We give no warranties as to the compatibility of the Site with your computer systems, software or hardware.
7 PRICES, CHARGES AND BILLING
7.1 Any prices quoted on the Site are subject to change from time to time and are not inclusive of all applicable UK taxes i.e. VAT, unless otherwise stated.
8 GOVERNING LAW
English law governs these Terms. You and we submit to the non-exclusive jurisdiction of the English courts.
9.1 Nothing in these Terms shall be read as limiting our liability for death or personal injury caused by our negligence.
9.2 We shall be under no liability for damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information, whether on the Site or elsewhere, and whether or not due to our negligence or that of any of our employees, agents or sub-contractors.
9.3 Opinions expressed on the Site including Site users ratings of material are not the opinions of the Site or the operators of the Site and we accept no liability for reliance you may place on such opinions.
9.4 The liability assumed by us under these Terms shall be in lieu of and to the exclusion of all other warranties, conditions, terms and liabilities, express or implied, statutory or otherwise, in respect of the quality or the fitness for any particular purpose of the Content or otherwise however arising, except any implied by law that by law cannot be excluded. Nothing in this Clause 9.3 is to be read as restricting the operation of Clause 6.1.5.
9.5 Except as provided in these Terms we shall be under no liability, whether in contract, tort or otherwise, in respect of defects in the Content or their failure to correspond to specification or sample or for any injury, damage or loss resulting from such defects or failure.
9.6 In no event shall any breach of contract on our part or tort (including negligence and breach of statutory duty) or failure of any kind on our part or that of our employees, agents or sub-contractors give rise to any liability for loss of revenue or any consequential or indirect loss or damage arising from any cause whatever.
9.7 Any liability whether in contract, tort or otherwise on our part in respect of any defect in the Content or of any duty owed to you under or in connection with these Terms shall be further limited in the aggregate to the repayment of the amount paid by you for the Content in question.
9.8 By using this Site you agree to indemnify and hold harmless us and our agents, representatives, partners, employees, licensors, content and technology providers, and any parent or subsidiary company from any and all losses, claims, demands, causes of actions and judgments (including legal fees on an indemnity basis and court costs) which arise out of your breach of these Terms or use of the Site.
9.9 You shall not sue or seek to recover any damages or other payment from us or our agents, representatives, partners, employees, licensors, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the service hereunder.
9.10 You accept that your use of the Site and the services contained herein is at your own risk. Save as expressly stated herein, the Site and Content are provided as is and as available and without warranties of any kind either expressed or implied. This shall include (but not be limited to) all implied warranties of fitness for purpose or merchantability to the extent permitted by law.
9.11 We shall use our reasonable efforts to protect the information submitted by you but you hereby acknowledge and accept that your submission of such information is at your own risk and no liability shall attach to us for any loss or liability to you relating to such information.
9.12 Whilst we will make all reasonable efforts to ensure an uninterrupted service we do not make any guarantee representation or warranty that your use of the Site will be uninterrupted and without error and you recognise that we may temporarily suspend the service from time to time without notice to you in order to undertake essential Site maintenance.
9.13 We do not warrant that this site will be compatible with all hardware and software which you may use. Although we may put in place security measures for your protection, we shall not be liable for damage to, or viruses that may affect, any computer equipment, software, data or other property as a result of your access to, use of or browsing of this Site or your downloading of any material.
10 INTELLECTUAL PROPERTY AND PERMITTED USE
10.1 The copyright and all other intellectual property rights in the Content and Site and all text, artwork, graphics or images to be found on the Site are the sole and exclusive property of us or our partners.
11 CONTRIBUTIONS TO THE SITE
From time to time we will conduct polls and ask for comment and contributions for the Site. The following terms shall govern such contributions:
11.1 You shall not submit any material or information to us or to the Site which breaches any statute, regulation or byelaw of any jurisdiction or which may breach the intellectual rights or privacy or other rights of any third party or which may be defamatory, obscene, blasphemous or indecent. It must be your own original work and you must have the full unencumbered right to make it available to us for all the purposes stated below. You hereby fully indemnify us against all damages, proceedings, claims, demands, liabilities, losses, charges, costs and expenses which we may suffer or incur as a result (direct or indirect) of any material, information or data submitted by you to us or to the Site.
11.2 You agree that by submitting your contribution, you grant us a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution.
11.3 You hereby waive all moral rights in any material that you contribute to the Site.
11.4 If you do not want to grant us the rights set out above, please do not submit your contribution to the Site. These Terms are revoked by us where a separate written and signed contract between us and yourself, not set out here, replaces these rights in relation to the sale of your content as a result of stated conditions being met requiring a separate contract to be entered.
11.5 The posting of information, content or contributions onto the Site must also meet any local requirements that we may set out on any local area of the Site.
11.6 You acknowledge that other users of the Site may post opinions about your contributions with which you do not agree and that we shall not be responsible for such opinions or any loss or damage you may suffer as a result of such opinion.
12 DATA PROTECTION AND PRIVACY
12.1 This Clause sets out the data-processing practices carried out by us through the use of the Internet and any other electronic communications. If you have any requests concerning your personal information or any queries with regard to these practices please contact us at firstname.lastname@example.org.
12.2 We collect personal information from visitors to this Site through the use of online forms and every time you email us your details. We also collect information about the transactions you undertake including details of payment cards used.
12.3 We process personal information collected in this way for the purposes of:
12.3.1 providing and personalising our services;
12.3.2 dealing with your inquiries and requests;
12.3.3 administering your orders and accounts;
12.3.4 processing payment for your orders;
12.3.5 providing you with information about content and services.
12.4 All our employees and data processors that have access to, and are associated with the processing of your personal information, are obliged to respect the confidentiality of our visitors information.
12.6 We will disclose your personal information only to government authorities or other bodies exercising statutory or supervisory powers, but only if required to do so by law, or to our own professional advisors in strict confidence.
12.8 You have a right to access the personal data held about you. To obtain a copy of the personal information we hold about you, please write to us at email@example.com. Please quote your name and address. Please also give brief details of the data of which you would like a copy: that enables us to identify it more readily. We will require proof of your identity before providing you with details of any personal information that we may hold about you. We will charge £10 to cover the administration costs involved in providing you with a copy of your information.
12.9 Given that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves transmitting data internationally. Therefore, by browsing this Site and communicating electronically with us, you acknowledge and agree to our processing your personal data in this way.
13.1 Unless otherwise specified, the Site is directed solely at those who access this site from the UK. Those who choose to access the Site from locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
13.2 A failure or delay by us in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.
13.3 None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
13.4 If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
13.5 The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
13.6 Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail or fax in each case addressed to you at the e-mail address or fax number you have given us or to us at the e-mail address or fax number on the Site.
14 FORCE MAJEURE
If we are hindered or prevented from performing our obligations under these Terms, for any cause beyond our reasonable control or by reason of our inability to procure services, materials or articles required for the performance of the contract except at prices higher than those applicable at the date of your order, we may at our sole option delay the performance of, or cancel the whole or any part of the contract. In that event, we shall not be held responsible for its delay or cancellation or any inability to deliver.
15 ENTIRE AGREEMENT
15.1 These Terms constitute the entire understanding between you and us in relation to the Site. They supersede any other Terms stipulated by you, whether in any order or during any negotiations or any course of dealing established between you and us.
15.2 All descriptions, illustrations and indications of price of content/publications provided in the Site or otherwise communicated to you are for guidance only and intended merely to present a general idea of the Content. Nothing contained in any such description, illustration or indication of price shall form any part of these Terms.