Abode2 Terms and Conditions

These are the terms and conditions of use for www.abode2.com. The Site is operated by Abode2 Magazine. Your use of the Site will be subject to these terms and conditions and by using the Site you agree to be bound by them. We reserve the right to change these terms and conditions from time to time by changing them on the Site. These terms and conditions were last updated on 1st September 2014.

USER TERMS

In accordance with the following user terms (‘User Terms’), Abode2 grants you as an authorised user (‘User’ or ‘you’) of this website (the ‘Site’) certain rights (as set out below) and in return you agree to perform certain obligations. These User Terms form a binding contract between you and Abode2. By using this Website, you therefore confirm that you are 18 years old or more, or if you are under 18 years old that you are 13 years of age or more and have received your parent’s or guardian’s consent to enter into these User Terms.

Please read these User Terms carefully before using the Site. By using the Site, you are deemed to have accepted these User Terms. These User Terms apply whatever method you have used to access the Site, including but not limited to the web, digital television services and mobile phone. If you do not agree to any part of these User Terms you should stop accessing this Site and navigate away from it.

ACCESS TO THE SITE / CONTENT

It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site (including taking necessary steps to ensure you use up to date anti-virus software).

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

We may change the format and content of the Site from time to time. You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk.

Whilst we endeavour to ensure that all information contained on the Site (other than any user-generated content) is correct, we make or give no representation or warranty as to the completeness, currency, fitness for purpose or originality of content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

SITE LOGIN/REGISTRATION

Some services on the Site may be restricted to users that have registered their details with us and created an account. If you decide to register for one of these services you agree:

  • That your account details are personal to you and you shall not disclose your account details to any third party
  • That you will not allow a third party to use your password for the purposes of gaining entry to services meant for registered users only and that you will take all reasonable steps to ensure that your user details are kept confidential and secure
  • That you will not create an account using false information or impersonate another person when registering for a service on the Site

We may cancel your account at any time if for any reason we believe you have breached these requirements. We also reserve the right to disable your account details, whether chosen by you or allocated by us, at any time if in our sole opinion you have failed to comply with any part of these User Terms

USE OF THE WEBSITE

You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed before you access the relevant features, parts or content.

Except to the extent expressly set out in these terms and conditions, you are not allowed to:

  • Store pages of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Site
  • Remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted
  • Create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in any content (Material) of the Site (including but not limited to text, graphics, software, photographs and other images, videos, sound, trade marks, logos, documentation, articles, advertising material and other material published on the Site) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

SUBMISSION OF MATERIAL ON THE SITE

You agree that any Material submitted by you for publication on the Site, including but not limited to any Material sent via Forums, chat services, feedback, bulletin boards, blogs or articles or any other Material submitted for publication on the Site or in using any of the Site services is done so on the following terms:

  • You will not submit any Material which infringes the intellectual property rights of any third party or in breach of any obligation of confidentiality by which you are bound – all Material must be owned by or created by you
  • You grant to us a worldwide, royalty free licence to use the Material in perpetuity in any format and on any media, this means for example that we may use your Material in the digital editions of magazines published by Abode2 and the Site
  • We reserve the right not to publish the Material submitted and to make additions or deletions to the Material, prior to publication
  • We reserve the right to remove and/or delete the Material submitted by you without notice
  • We reserve the right to cut and crop any photographs or graphical images submitted by you at our discretion and to alter any Material such that we can make it available on the Site
  • We reserve the right to share your identity with any third party who is claiming that any Material posted or uploaded by you to the Site violates these User Terms
  • We may identify you as the contributor of any Material, and you waive any moral rights you may have in respect of our use of the Material

YOUR PERSONAL INFORMATION

Use of your personal information submitted via the Site is governed by our privacy policy

PURCHASING OF SERVICES THROUGH THE SITE

The Site may offer you the opportunity to purchase services. Some of these services will be provided directly by us (and we shall notify you in each instance where we are the seller). In such cases the legal contract for the provision of these goods and services will therefore be made directly between you and Abode2. Other cases may be by external links by a third party in which you should refer to the clause below.

For services sold directly by Abode2, for example digital downloads of magazines, and/or access to online ‘paid for content’. It is important to know that by placing and order through the Site, you warrant and confirm that you are legally capable of entering into binding contracts and you are at least 18 years old. If under 18 years old you must ensure that a parent or guardian purchases the services on your behalf.

After you place an order for services, the contract between Abode2 and you will only be formed when we make the digital content available to you for download or access, and Abode2 has received payment in full from you. Abode2 reserves the right, at its sole discretion to reject any orders it receives.

  • Your transaction will be processed in a secure environment
  • The price of any services will be as quoted on the Site from time to time, except in cases of obvious error. Prices are liable for change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Notice unless in the event of a mistake (as set out below)
  • Our Website may contain a large number of services, and despite our best efforts, some of the products on our Site may be incorrectly priced
  • All downloads shall be delivered to your personal computer or other device which initiated the download. It is your sole responsibility to ensure that your device is enabled to play or access the digital content
  • Your right to cancel the contract with us shall automatically expire as soon as the service begins (i.e. as soon as the file download commences or access to the online ‘paid for content’ is granted). Please note that this means you will not be able to receive refunds for downloads or access to paid content once you have commenced the download or been granted access to the paid content

PURCHASING SERVICES THROUGH EXTRNAL LINKS

The Site may, from time to time, include links to external sites. We have included links to these sites to provide you with the opportunity to view, and if you so decide enquire further on real estate and ancillary services displayed on the Site directly from the relevant third party.

At no time whatsoever do we purport or represent to be the supplier of any real estate or related services displayed or featured on the Site. Any contract you enter into for the purchase or supply of anything displayed or featured on our Site shall be with the relevant agent, developer or consultancy responsible for the external link you will be directed to from the Site and will be subject to their terms and conditions. We shall in no way be responsible for such contract.

We are not responsible for the content of links to external sites. In particular we cannot and do not guarantee that any content of external sites will be free from viruses and/or other code that may have contaminating or destructive elements or that they will be continuously available.

The fact that we include links to such external sites does not imply any endorsement of or association with their operators.

LIABILITY

We warrant to you that services purchased from Abode2 shall be of a satisfactory quality and reasonably fit for purpose for which products of the kind are commonly supplied. However our total liability to you for any breach of this warranty shall be limited to the purchase price of the service only.

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under these User Terms and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods or services in question.

Notwithstanding the foregoing, nothing in these User Terms is intended to limit any rights you might have as a consumer under applicable UK law, including the Consumer Protection (Distance Selling) Regulations 2000 or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

We will not be liable to you if we are prevented or delayed from complying with our obligations under the User Terms by anything you do (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.

The liability of any third party seller shall be as set out in their own terms and conditions with you.

If you are a consumer and not a business user, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable, and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.

These terms and conditions shall be governed by English law, and you agree that any dispute between us regarding them or the Site will only be dealt with by the English courts, provided that, if you [are a consumer and not a business user and] live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

COMPETITIONS

We may run competitions and promotions on the Site from time to time. In addition to these User Terms, such competitions and promotions shall be subject to their own Terms and Conditions notified to you at the time.

CONTACT US

Please submit any questions you have about these terms and conditions or any problems concerning the Site by email to kelly@abode2.com or write to us at: Abode2 Magazine, Abode House, Aylesbury, Bucks HP22 5DX,UK.

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