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In these Terms the following expressions shall have the following meanings unless the context otherwise requires: “Company” means PrimeNewDevelopments.com Ltd; and “Service” means www.primenewdevelopments.com or other mobile device application variations. Members and Non-Members shall mean you, the users of this site.
1.1 The Company wholly owns, and is responsible for, the provision and maintenance of the Service.
2. Members and Non-Members Use of the Service
2.1 The Service is provided free of charge to Members and Non-Members. You may request registration as a Member providing you are 18 years or older without charge, though the Company reserves the right to reject a request without warning or providing a reason.
2.2 Non-Members are free to perform a search and review the summary of search results.
2.3 Whilst the information provided is hosted by The Company in good faith it has not been verified by The Company and should not be relied upon by you as such. Members and Non-Members recognise that the information provided by the service is for reference only and all information provided, including but not limited to pricing, travelling distances and availability dates are subject to change by the property development owners (the "Developers"). The Company holds no responsibility for changes made by the property Developers.
Members and Non-Members are responsible for verification of all quoted data and the accuracy of any given details.
2.4 Members and Non-Members can only use the Service for lawful purposes and not for any purpose that is unlawful or prohibited by these Terms.
2.5 In order to obtain access to a Members account, the Company shall provide you with the necessary username and password. It is the Members responsibility to change the password regularly. Members agree that passwords will contain numbers and symbols in order to prevent unauthorised use of your account. This information must be kept confidential and is for your use only.
2.6 Members agree to notify the Company immediately of any unauthorised use of your account or any other breach of security. The Company will not be liable for any loss that you or any other person may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by a third party due to someone else using your account and/or password. You may not use anyone else’s account at any time, without the permission of the account holder.
2.7 You may not use the Services to transmit any material (including viruses) which is likely to cause harm to any other computer systems and/or servers.
2.8 The Company provides an indicative currency exchange via the Service for property values in their chosen currency. Due to continually fluctuating exchange rates, the Company cannot be held liable for variations in indicative currency exchange pricing; Members must always obtain a correct property value in their desired currency directly from the Developers themselves.
2.9 The Company provides links via the Service to third parties websites as a convenience to you only, and the inclusion of any link does not imply endorsement by the Company of content or services provided. The Company accepts no responsibility or liability arising in respect of any content of such links. In addition, the Company is not responsible for any form of transmission received from any linked site. Members and Non-Members agree to release The Company from any disputes or claims arising from or connected to third parties.
3. Intellectual Property Rights
3.1 All copyright, trademarks, database rights and other intellectual property rights that may exist in the Content shall remain at all times the property of the Company or 3rd parties whom make developments and properties available for search via the Service.
3.2 The trademarks, service marks and logos used and displayed on the Company’s website, headed paper or any other material belonging to the Company (“trademarks”) are registered or unregistered trademarks of the Company. Nothing on these Terms should be construed as granting, by implication or otherwise, any licence or right to use any Trade Mark without written permission from the Company.
4.1 The Company will supply these Services at all times and carry out its obligations with reasonable skill and care as far, as is technically practical. You recognise that it is technically impossible to supply uninterrupted Services at all times and that some short periods of unavailability will inevitably occur.
4.2 Information provided by the Company is published in good faith and updated regularly, but we cannot guarantee its completeness or accuracy.
4.3 The Company does not accept any liability to you or any third party for any error or omission of Services. The Company reserves the right to change, update or delete any information provided via the Service without prior notice.
4.4 The Company does not make any representation about the suitability of its Services. You assume all responsibility and risk for use of the Services.
5.1 The Company endeavours to provide the Services at all times, but it cannot warrant the availability due to factors beyond its control defined below as Force Majeure.
5.2 The Company gives no warranty as to the quality of or accuracy of the Services.
5.3 The Company does not warrant the Services will be uninterrupted, error free or that any information or other material accessible from them are free of viruses or other harmful components.
6.1 The Company accepts no liability in contract, tort or otherwise including negligence for:
6.1.1 Inability to gain access to the Services as a result of routine or emergency maintenance on the system or excessive demand for the Services;
6.1.2 Loss of data including both data transmitted and other data held by you;
6.1.3 Delay or failure in transmitting or receiving material; and
6.1.4 Indirect or consequential losses whatsoever arising out of or in connection with the use or performance of software, documents, provision of or failure to provide the Services, or information available from the Services, including loss of revenue, business, anticipated savings or profits.
6.2 Notwithstanding the above, nothing in this clause is intended to limit any statutory rights that Members or Non-Members may have as consumers. These may not be excluded nor in any way limit The Company’s liability to you for death or personal injury resulting from its negligence.
7. Changes to the Terms
7.1 The Company reserves the right, at its absolute discretion, to make changes to any part of the Service or these Terms. When these Terms are amended the Company will publish amendments directly to this page on the Service. Your continued use of the Service is taken as your agreement to be bound by these Terms as amended.
8.1 If these Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.
9.1 If there is any conflict between these Terms and any other written agreement between you and the Company then the latter shall prevail.
10. Events beyond our control
10.1 The Company will not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control. For the purposes of this clause a Force Majeure event means any circumstance or event not reasonably foreseeable at the date of this agreement including but without limitation strikes, computer viruses and/or faults, lack of supply of services from the Company’s providers, civil commotion, riot, war, act of terrorism, fire, explosion, storm, flood, earthquake or other natural disaster.
11.1 These Terms shall be governed by and construed in accordance with English Law and subject to the exclusive jurisdiction of the English Courts.