Commerson Estate Management

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Terms & Conditions

Version 1 January 2014

Company details

Access to and use of this site is provided by Commerson Estate Management Limited (otherwise known as “Commerson”, “we” “our” or “us”)

Commerson is a company registered in England and Wales under number 7387251.  Our registered office is at 6 Feast Field, Horsforth, Leeds LS18 4TJ.

You can contact us by emailing info@commerson-em.com.

Accessing our site

By using this site you agree to be legally bound by these Terms and Conditions and Commerson’s Privacy & Cookie policy, which shall take effect immediately on your first use of this site. If you do not agree to be legally bound by all the following terms please do not access and/or use this site.

Commerson may amend these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by us. Your continued use of this site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

If you are a tenant of a property that we manage, we may give you access to that part of our site designated as the tenant information portal (the “Portal”).  If so, you will be deemed a “Portal User” for the purpose of these Terms and Conditions and our Privacy & Cookie policy. If you are a Portal User you must treat your username and password for the Portal as confidential and not disclose them to any third party. Commerson reserves the right to disable any such access if in our opinion you have failed to comply with any provisions of our terms of use.  If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at the email address set out above.

Intellectual Property rights

This site incorporates copyright, database rights, design rights and trade marks owned by Commerson and/or its third party licensors. You are permitted to browse the pages of this site online and Portal Users may use the Portal in the way it was intended to be used but, save as aforesaid, nothing contained in these terms shall be construed by implication or otherwise to assign or license any trade mark, design right, database right or copyright on this site or any other rights owned by Commerson or any of its third party licensors.

You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the site content in any way except as stated above. This means you cannot adapt, alter or create a derivative work from any of the site content without the prior written permission of Commerson.

Linking to our site

You may link from a website owned by you to our home page, provided that you do so in a manner that is fair, legal and will not damage our reputation. Your website must not launch pop-ups or pop-unders which may persist after the link is followed.  You must not suggest any association, approval or endorsement with or by us where none exists.

You may not frame our site and must only link to our home page. Commerson reserves the right to revoke linking permissions without notice.

Links from our site

Our site may contain links to other sites and resources provided by third parties.  We have no control over the contents of these sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Viruses, hacking and other offences

You must not attempt to gain unauthorised access to our site (particularly the Portal if you are not a Portal User), or to the server on which it is stored or to any other server, computer or database connected to our site or to another Portal User’s account.  You must not attempt to change any of the content displayed on the site. You must not attempt to upload viruses, trojans, worms, malware, adware or any of your own code or content to the site.  You must not attack our site via a denial-of-service attack or distributed denial-of-service attack.

Any criminal offences under the Computer Misuse Act 1990 will be reported to the relevant law enforcement authorities.

We will not be liable for any loss or damage caused by code or content uploaded to our site by an unauthorised third party.

You agree to use this site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of this site. You will not use the messaging facilities of the Portal to harass or cause distress or inconvenience to any person and nor will you transmit obscene, offensive, defamatory or abusive messages or content.

You warrant that any message you send will comply with these standards, and you will be liable to us and indemnify us for any breach of that warranty.  If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

Disclaimers and Limitation of Liability

Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

The Portal includes information about Portal Users’ accounts with Commerson and the property in which they reside.  We will use reasonable care and skill to ensure that this information is accurate and up to date and to rectify any mistakes if the relevant Portal User asks us to do so.  Save as aforesaid the site and its content, including the names, images, pictures, logos, icons and information and opinions regarding or relating to Commerson, its services and the developments it manages (or relating to third party providers of products and services), is provided "AS IS" and on an "AS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law and, in particular, there shall be no implied warranties of satisfactory quality or fitness for a particular purpose.  Aside from information in the Portal which is not an obvious error or omission, you should not rely on the information or materials on this website and we will not be liable if you do.

We provide access to this site free of charge and on that basis our aggregate liability to you in connection with the site or any of our services which might relate to the site shall under no circumstances exceed £20. Under no circumstances will Commerson be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of profits or revenues; (c) loss of anticipated profits; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or injury to reputation; (g) losses suffered or claims brought by third parties; (h) bank or credit card charges incurred; (i) ex gratia payments; or (j) any indirect, consequential, special or exemplary damages arising from the use of this site regardless of the form of action.

Commerson does not warrant that the provision of this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs.  We will not be liable to you if for any reason our site is unavailable at any time or for any period.

General

Neither you nor we intend that this agreement shall benefit any third party, nor that any third party shall be entitled to enforce any provision of this agreement.

These terms (and any non-contractual disputes between us) shall be governed by and interpreted in accordance with English law. If you are a consumer and resident in Northern Ireland you may bring proceedings in Northern Ireland, and if you are a consumer and resident in Scotland you may bring proceedings in Scotland. Otherwise these terms are subject to the exclusive jurisdiction of the English courts.