Terms of Service

1. About Our Terms

These terms explain how you may use this website (the "Site") which is provided by us free of charge. References in these Terms to the Site is to newbuildhomes.org and all associated web pages.

You should read these Terms carefully before using the Site. By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

If you have any questions about the Site, please contact us by email at [email protected] or telephone at +44 7506 000 000.

2. Definitions

Your use of the Site means that you must also comply with our Acceptable Use Policy, our Privacy Policy and our Cookie Policy.

3. Using the Site

The Site is for your personal and non-commercial use only.

We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at [email protected].

We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

4. Ownership, Use and Intellectual Property Rights

This Site and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.

Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

Various trade marks and trade names may be used on this Site. The use of any trade marks which appear on the Site is strictly prohibited unless you have our prior written permission.

5. Submitting Information to the Site

While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.

We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

6. Accuracy of Information and Availability of the Site

While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

We may suspend or terminate operation of the Site at any time as we see fit.

Content is provided for your general information purposes only and to inform you about us and our products and news, features, services, information about new homes for sale and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

7. Hyperlinks and Third Party Sites

The Site contains hyperlinks and references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

The details of the properties available on this Site are provided to us by third party estate agents or developers for your information only. We are not estate agents and we do not verify the property details provided to us and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. We recommend that you check all property details with the advertising estate agent or developer before making any decisions or taking any action in regards to a property advertised on our Site.

8. Limitation on Our Liability

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

• losses that:
  • were not foreseeable to you and us when these Terms were formed; or
  • that were not caused by any breach on our part
• business losses; and
• losses to non-consumers.

When you use the "contact forms" on this Site to enquire about a property, your details (including your email address) will be registered with our service and will also be sent by email directly to the estate agent or developer marketing the property or properties that you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate agent or developer.

9. Rights of Third Parties

No one other than a party to these Terms has any right to enforce any of these Terms.

10. Contact Information

If you have any questions about these Terms of Service, please contact us at:

11. Disputes

If you are unhappy with us please contact us as soon as possible. We will try to resolve any disputes with you quickly and efficiently.

If you want to take court proceedings, the English courts will have exclusive jurisdiction in relation to these Terms.

English law will apply to these Terms.

12. Variation

These Terms are dated 2 June 2016. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

13. Miscellaneous

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and NewBuildHomes.

Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Acceptable Use Policy

In this policy, 'Submission' means any text, images, video, audio or other multimedia content, software or other information or material submitted by you or other users to the Site.

Restrictions on Use

As a condition of your use of the Site, you agree:

• not to use the Site for any purpose that is unlawful under any applicable law or prohibited by this Policy or our Terms;
• not to use the Site to commit any act of fraud;
• not to use the Site to distribute viruses or malware or other similar harmful software code;
• not to use the Site for purposes of promoting unsolicited advertising or sending spam;
• not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information ('phishing');
• not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
• not to use the Site in any manner that harms minors;
• not to promote any unlawful activity;
• not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
• not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks; and
• not to attempt to circumvent password or user authentication methods.

Submission Standards

Any Submission or communication to users of our Site must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, you warrant that any Submission or communication is:

• your own original work and lawfully submitted;
• factually accurate or your own genuinely held belief;
• provided with the necessary consent of any third party;
• not defamatory or likely to give rise to an allegation of defamation;
• not offensive, obscene, sexually explicit, discriminatory or deceptive; and
• unlikely to cause offence, embarrassment or annoyance to others.

Linking and Framing

You may create a link to our Site from another website without our prior written consent provided no such link:

• creates a frame or any other browser or border environment around the content of our Site;
• implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;
• displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos; or
• is placed on a website that itself does not meet the acceptable use requirements of this Policy.

We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.

Using the NewBuildHomes Name and Logo

You may not use our trade marks, logos or trade names except in accordance with this Policy and our Terms.

Breach

We shall apply the terms of this Policy in our absolute discretion. In the event of your breach of this Policy we may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action we consider necessary to remedy the breach.