Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY AFFECT YOUR RIGHTS AND OBLIGATIONS.
THESE TERMS AND CONDITIONS APPLY TO THE ENTIRE CONTENTS OF WWW.NEWSKYS.CO.UK (“NEW SKYS WEBSITE”) AND TO ANY CORRESPONDENCE BY E-MAIL BETWEEN NEW SKYS AND YOU.
USING THE NEW SKYS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS IN FULL REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE NEW SKYS WEBSITE.
THESE TERMS AND CONDITIONS ARE ISSUED BY NEW SKYS (“NEW SKYS”), A DIVISION OF PROPERTY FINDERS INTERNATIONAL, LION HOUSE, RED LION STREET, RICHMOND, SURREY, TW9 1RE
These Terms and Conditions were last updated in February 2007.
1 Introduction
1.1 You will be able to access some areas of the New Skys Website without registering your details with New Skys. Certain areas of the New Skys Website are only available if you register.
1.2 New Skys may revise these Terms and Conditions at any time by updating this posting. You should check the New Skys Website from time to time to review the then current legal notice, because it is binding on you and New Skys. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this New Skys Website.
2 Licence
2.1 You are permitted to print and download extracts from the New Skys Website for your private, non-commercial use, on the following basis:
2.1.1 no documents or graphics on the New Skys Website are modified in any way;
2.1.2 no graphics on the New Skys Website are used separately from accompanying text; and
2.1.3 New Skys’ copyright notice and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights (including database right) in all material on the New Skys Website (including without limitation photographs and graphical images) are owned by New Skys or its licensors. For the purposes of these Terms and Conditions, any use of extracts from the New Skys Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of these Terms and Conditions, your permission to use the New Skys Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the New Skys Website.
2.3 Subject to paragraph 2.1, no part of the New Skys Website may be reproduced or stored in any other New Skys Website or included in any public or private electronic retrieval system or service without New Skys’ prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
2.5 If you wish to use any material on the New Skys Website outside the licence granted in this clause 2, you must seek written permission from New Skys and comply with any additional restrictions if permission is granted. New Skys may grant or withhold permission in their absolute discretion.
3 Service access
3.1 While New Skys endeavours to ensure that the New Skys Website is normally available 24 hours a day, New Skys will not be liable if for any reason the New Skys Website is unavailable at any time or for any period.
3.2 Access to the New Skys Website (either in its entirety, or to elements of it) may be suspended and without notice.
4 Visitor material and conduct
4.1 Other than personally identifiable information, which is covered under the Newskys.co.uk Privacy Policy, any material you transmit or post to the New Skys Website will be considered non-confidential and non-proprietary. New Skys will have no obligations with respect to such material. New Skys and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting or transmitting to or from the New Skys Website any material:
4.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
4.2.2 for which you have not obtained all necessary licences and/or approvals;
4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
4.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the New Skys Website (including, without limitation, by hacking).
4.4 New Skys will co-operate fully with any law enforcement authority or court requesting or directing New Skys to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3 of these Terms and Conditions.
5 Third party websites
5.1 Links to third party websites on the New Skys Website are provided solely for your convenience. If you use these links, you leave the New Skys Website. New Skys has not reviewed these third party websites and does not control and is not responsible for these websites or their content. New Skys therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this New Skys Website, you do so entirely at your own risk. In particular, the Newskys.co.uk Privacy Policy will not apply to third party websites.
6 Registration
6.1 Each registration is for a single user only. New Skys does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 You must ensure that the details provided by you on registration or at any time are correct and complete and inform New Skys immediately of any changes by updating your details. Responsibility for the security of any passwords issued rests with you. If you know or suspect that someone else has your password you should contact New Skys immediately by emailing info@newskys.co.uk.
7 Disclaimer
7.1 While New Skys endeavours to ensure that the information on the New Skys Website is correct, New Skys relies on information provided by third parties and does not undertake any checks on the information to verify its correctness. Therefore, New Skys does not warrant the accuracy and completeness of the material on the New Skys Website. New Skys may make changes to the material on the New Skys Website, or to any products, services and prices described in it, at any time without notice. The material on the New Skys Website may be out of date, and New Skys makes no commitment to update such material. You should make your own enquiries as to the accuracy of any information or material available from the New Skys Website.
7.2 The material at the New Skys Website is provided ‘as is’ without any conditions, warranties or other terms of any kind. The information provided is not a substitute for legal, financial, real estate or other expert advice. Accordingly, to the maximum extent permitted by law, New Skys provides you with the New Skys Website on the basis that New Skys excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms and Conditions might have effect in relation to this New Skys Website.
8 Liability
8.1 Because New Skys relies on information provided by third parties and provides the New Skys Website to you free of charge, New Skys, any other party (whether or not involved in creating, producing, maintaining or delivering this New Skys Website), and any of New Skys’ group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the New Skys Website in any way or in connection with the use, inability to use or the results of use of this New Skys Website, any websites linked to the New Skys Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the New Skys Website or your downloading of any material from the New Skys Website or any websites linked to the New Skys Website.
8.2 Nothing in these Terms and Conditions shall exclude or limit New Skys’ liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraudulent misrepresentation or (iii) any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on the New Skys Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. You assume all costs for telecommunications links and computer equipment necessary for you to access the Internet and view the New Skys Website.
Pricing
9.1 New Skys always endeavours to provide accurate pricing for all our properties and services. However, due to changes in availability; price changes by developers; price rounding and currency conversion fluctuations and other issues, this may not always be possible, and no pricing guarantees are provided.
9.2 New Developments are often only given as a price guide, and include a range of prices and specifications. Resale properties prices are provided by the agent, and these may alter, depending on supply and demand. In addition, any details about past or future market prices or calculations and projections of rental income are intended to be a general guide and should not take the place of independent financial advice.
10 Governing law and jurisdiction
10.1 These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.
11 General
11.1 You may not assign, sub-licence or otherwise transfer any of your rights under these Terms and Conditions.
11.2 If provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions, which shall remain in force.
11.3 If you breach these Terms and Conditions and New Skys ignores this, New Skys will still be entitled to use its rights and remedies at a later date or in any other situation when you breach these Terms and Conditions.
11.4 New Skys shall not be responsible for any breach beyond its reasonable control.
11.5 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms in these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.