1. Access to and use of the www.thenewhomesgroup.co.uk website (this “Site”) is provided by us subject to these Site Terms. “We” are Spaull Limited, a company registered in England under number 2509770 with registered office at Cumbria House, 16-20 Hockliffe Street, Leighton Buzzard, Bedfordshire, LU7 1GN. FCA 302221
2. Your use of any part of this Site constitutes your acceptance of these Site Terms which takes effect on the date on which you first use this Site. If you do not agree with these Site Terms, you should cease using this Site immediately.
3. We reserve the right to change these Site Terms at any time without notice to you by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of this Site after changes are posted constitutes your acceptance of the amended Site Terms.
4. You are responsible for all access to this Site through your Internet connection and for bringing these Site Terms to the attention of all such persons.
5. You must not submit to us or to this Site or to any visitor to this Site any viruses, Trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6. You shall fully and promptly indemnify us against all damages, proceedings, claims, demands, liabilities, losses, charges, costs and expenses which we may suffer or incur as a result (direct or indirect) of any breach by you of any obligation on you under these Site Terms.
7. Whilst we endeavour to make this Site available 24 hours a day, we will not be liable if for any reason this Site is unavailable at any time or for any period. We make no warranty that your access to this Site will be uninterrupted, timely or error-free. Access to this Site may be suspended temporarily or permanently at any time and without notice.
8. We do not warrant that this Site will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of this Site or your obtaining any material from, or as a result of using, this Site. We shall also not be liable for the actions of third parties.
9. We may change or update this Site and anything described in it without notice to you.
10. Whilst we endeavour to ensure that information and materials on this Site are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. Pictures, photographs, artists’ impressions, dimensions, site plans and descriptions on this Site are indicative and for purposes of giving a general impression only and may be the view of the author. No picture, photograph, artists’ impression, site plan or dimension on this Site is intended to give an accurate description of any property offered for sale or letting or its setting or surroundings. Dimensions and site plans are approximate. You must take appropriate steps to verify by independent inspection or enquiry all information for yourself.
11. The material contained on this Site is provided for information purposes only and it shall not give rise to any commitment or obligation by us. Any information on this Site or property particulars referred to on this Site shall not constitute any part of an offer or contract. Nothing on this Site should be relied on as statements or representations of fact. You must satisfy yourself by independent inspection or otherwise as to the correctness of any statements made in relation to anything on this Site. We and our employees, contractors, agents and representatives have no authority to make or give any warranty or representation in relation to the properties listed on this Site.
12. Nothing on this Site shall constitute advice specific to your circumstances. You should take appropriate professional advice on anything referred to on this Site. We are not an estate agent or licensed with The Financial Conduct Authority to provide investment advice. Please be aware that property values can decrease as well as increase. Please contact us at firstname.lastname@example.org if you require us to clarify anything or if you have any queries.
13. We accept liability for death or personal injury caused by our negligence, or for our fraudulent misrepresentation or for any liability that we cannot exclude or limit at law.
14. To the extent possible by law and subject to paragraph 13 above, to the extent permitted by law: 1. Our maximum liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability in use or delay in use of the Sites or any material in them or accessible from them or from any action or decision taken as a result of using the Sites or any such material shall be £100; and 2. We shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of the Sites or any material in them or accessible from them or from any action or decision taken as a result of using the Sites or any such material for any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, (b) to (l) apply whether such losses are direct, indirect, consequential or otherwise.
15. The New Homes Group name and logo and all related names, design marks and slogans are the trade marks or service marks of us or our licensors.
16. Except for our other sites, we have no control over and accept no responsibility for the content of any site to which a link from this Site exists (unless we are the provider of those linked sites). Such linked sites are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party site to which this Site provides a link.
17. You must not without our permission frame any of this Site onto your own or another person’s website.
18. We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of this Site, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular: 1. You shall not make any warranties or representations about us, our services or our policies except with our prior express authorisation; 2. You shall not say anything that is false, misleading, derogatory or offensive about us or our services or properties; and 3. You shall not suggest expressly or impliedly that we have endorsed your site or are associated with it where this is not the case.
20. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Site Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
21. If you want to contact us for any reason, please email us at email@example.com, telephone us on 0845 521 2375, fax us at 0845 521 2376 or write to us Plaza Suite, Stanway Retail Park, Peartree Road, Colchester, Essex, CO3 0JS.
22. These Site Terms shall be governed by and construed in accordance with English law. You submit to the non-exclusive jurisdiction of the English courts to settle any dispute which may arise under these Site Terms.
The New Homes Group Privacy Notice
This Privacy Notice applies to the use and processing of personal information collected by The New Homes Group, which is a trading name of Spaull Limited. The ICO Registration number of Spaull Limited is Z5022084.
The phrases “us”, “we” or “our” will mean those businesses which are part of Spaull Limited on behalf of and in respect of whom this Privacy Notice is made.
For information concerning the collection, use and processing of personal information by any of our third party business partners or suppliers, please contact our representative with whom you usually deal.
Please read this Privacy Notice carefully. If you have any questions about this notice or our use of your personal data, please contact the Connells Group Data Protection Officer by email to DPO@connellsgroup.co.uk or in writing to Cumbria House, 16-20 Hockliffe Street, Leighton Buzzard, Bedfordshire, LU7 1GN.
Spaull Limited is part of Connells Group, and all data protection matters are managed at Group level. Information concerning the make-up of the Connells Group can be found by visiting http://www.connellsgroup.co.uk/our-group
When you enquire or register for products and services provided by Connells Group, we may collect personal information from a variety of sources, including:
4.1 Information we collect directly from you
Depending on the type of service or product we are discussing, the following are examples of information we may collect directly from you:
We may, during the course of your relationship with us, request additional information from you which is relevant to the provision of specific services.
Any telephone calls either to or from our customer service teams may be recorded for training, monitoring, compliance and security.
4.2 Information we collect when you visit our web sites
4.3 Information we obtain from third parties
Where we are required by law, or for business needs, we will obtain information about you from third parties, but only after we have your agreement to do so. For example (but not limited to) the third parties we may need to contact are credit reference agencies, banks, employers, accountants and solicitors in order to obtain references, undertake identity verification and basic criminal record checks, and validate your income level and financial history.
We may share your information both within the Connells Group of companies and also relevant third party business partners.
Where we engage third party service providers to provide products (such as mortgages, house and contents and family protection insurances) or other business services and operations, we provide them with only the personal information they need to perform the service we request. We contractually require them to securely protect information, and not to use it for any other purpose.
We will process the information you provide or we obtain from other sources to provide you with products and services and answer any questions you may have.
The following are examples of how we use the information we collect:
6.1 Customer Surveys
From time to time we may provide your information to our customer service agencies for research, survey and analysis purposes so that we can monitor and improve the services we provide. We or our agents and sub-contractors may occasionally contact you including by post, email or telephone to ask you for your feedback and comments on our services.
6.2 Information about our products and services
We may also use your personal data to contact you by post, e mail, telephone or other electronic means to provide you with information about products and services from the Connells Group and carefully selected third parties which we feel may be of interest or relevant to your needs.
Please see Section 12 for information about how you can exercise your rights.
6.3 Credit scoring
Some of the services provided by third parties may involve an automated decision and/or credit scoring to determine whether we are able to provide a service or product.
Using third parties to undertake searches and collate information on our behalf helps make fair and responsible decisions. When coming to these decisions we and third parties will consider:
Any credit scoring methods used by third parties are regularly tested to ensure they remain fair, effective and unbiased.
For further information about automated decisions or credit scoring, please contact the Connells Group Data Protection Officer by e mail at DPO@connellsgroup.co.uk
Connells Group processes your information under any of the following lawful conditions:
We may transfer or otherwise process your personal information:
We will keep your information for as long as is reasonably necessary for the purposes set out in this privacy notice, and to fulfil our legal and regulatory obligations.
For further information about how long we will keep your information, please contact the Connells Group Data Protection Officer by email at DPO@connellsgroup.co.uk
We will send you service related communications
We may also contact you in order to provide you with information about our products and services which we believe may be of interest to you, and which relate to your needs.
For service related communications, we will contact you either by e mail or through the post. We may also telephone you or send you SMS messages, which may include automated SMS reminders for viewings.
We give you choices about how we communicate promotions and offers to you.
11.1 By e mail
We only send you promotional emails if you explicitly select to receive these (you opt in). You can stop receiving promotional email messages from Spaull Limited by following the opt-out or unsubscribe instructions provided in any email you receive.
11.2 By post
We only send you promotional postal mail if you explicitly select to receive these (you opt in). You can stop receiving promotional postal mail from Spaull Limited by following the opt-out or unsubscribe instructions included in those communications.
11.3 Mobile Text Messages
We will only send you promotional text messages if you explicitly select to receive these (you opt in). You can stop receiving promotional text messages from Spaull Limited by following the opt-out instructions provided in the text message.
You have a number of rights concerning the personal information we use. These include the right to:
Where you have provided consent for our processing of your personal data, you may withdraw that consent at any time. If you withdraw your consent, your previous consent will remain valid in respect of our use of your data in relation to good or service we are still contracted to provide
If you would prefer not to receive information from Spaull Limited or carefully selected third parties you can opt out by getting in touch with your local business contact.
We will act to respond to your request to stop receiving promotional email, phone, text or postal messages from Connells Group as quickly as is practicable (around 10 working days, as systems take time to replicate). We will keep information for record keeping purposes, to ensure we fulfil your request not to send particular types of messages.
If you wish to make a request for access to a copy of your personal data, please write to the Connells Group at Group Legal Services, Bridgegate House, 5 Bridge Place, Lower Bridge Street, Chester CH1 1SA or email DSAR@connells.co.uk
If you wish to exercise any of your other rights, please write to the Connells Group Data Protection Officer at Connells Group, Cumbria House, 16-20 Hockliffe Street, Leighton Buzzard, Bedfordshire, LU7 1GN or e mail DPO@connellsgroup.co.uk
We will acknowledge your request and let you know what we will need from you to carry out your request. Every effort will be made to respond to or comply with your request as quickly as possible, and we will ensure our systems are updated as soon as is practicable in response to your request.
A cookie is a small file placed on your device when you visit a website that can be understood by the site that issued the cookie. We use the information collected by cookies to remember who you are to log you in and to store your preferences when using a particular site. It may contain a unique identifier to ensure that you are not shown the same information and/or are only shown information you have stated that you are interested in.
A cookie records your preferences when using a particular site, ensuring that you are not shown the same information and/or are only shown information you have stated that you are interested in. In order to use the Site you agree to let cookies be saved as they are an important part of navigation of the Site.
The following are examples of information we may collect:
We also use the cookie to allow you to log into the MyAccount part of the site. This will store some personal information (e.g. first name, last name, email address, phone number) that may be used should you need to fill out an enquiry form. This information is removed when you log out of MyAccount, or when your session expires.
13.1 Third party cookies used on the site
We use Google Analytics to provide us with information about your visit to our website. We do this in order to help improve our website service to customers.
Their cookies typically store anonymous aggregated information such as whether a visitor has been to the site before, and the time of the current visit.
13.2 Other Technologies
Our security software may use your IP address and browser version to help protect our systems and provide diagnostic information in the case of an issue.
We store your personal information on our computer systems and in our paper records. We have implemented strict security procedures to ensure that personal information is not damaged, destroyed or misused, and to prevent unauthorised access to your information.
The information that we collect is stored in a secure facility with restricted physical access. We also use a number of security measures to prevent electronic access. Where – in line with this Privacy Notice – information is shared with third parties, similar security measures are used to protect your information.
We ourselves do not currently transfer the personal information we collect about you to recipients in countries other than the country in which the information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the information.
If in the future we or our partners need to transfer your information to recipients in other countries we will:
We do not offer any products or services to children. In certain circumstances (for example a mortgage application) we may need to collect the name and date of birth of children from mortgage applicants, and share this with the selected mortgage provider.
Our websites, other electronic portals and documentation may provide links to other websites for your convenience and information. These may operate independently from us and have their own privacy notices or policies, which we strongly suggest you review.
Where linked websites are not owned or controlled by us, we are not responsible for their content or data privacy practices.
When you provide us with this information, you agree to the collection, use and sharing of your information in accordance with this data privacy notice. Our promise to you is that
We will occasionally update our Privacy Notice, so we suggest that you review this Notice from time to time. If we make substantial changes to our Privacy Notice, we will endeavour to inform you directly about these changes.
We or any member of our group may transfer its databases containing your personal information if it sells its business or part of it.
Cookies may be set by the website you are visiting (‘first party cookies’) or they may be set by other websites that run content on the page you are viewing (‘third party cookies’).
A cookie is a simple text file that is stored on your computer or mobile device by a website’s server and only that server will be able to retrieve or read the contents of that cookie. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier and the site name and some digits and numbers. It allows a website to remember things like your preferences or what’s in your shopping basket.
Some people find the idea of a website storing information on their computer or mobile device a bit intrusive, particularly when this information is stored and used by a third party without them knowing. Although this is generally quite harmless you may not, for example, want to see advertising that has been targeted to your interests. If you prefer, it is possible to block some or all cookies, or even to delete cookies that have already been set; but you need to be aware that you might lose some functions of that website.
If you don’t want to receive certain categories of cookies on this website, you can change your cookie settings via your browser; your browser help function will tell you how. Alternatively, you may wish to visit www.aboutcookies.org, which contains comprehensive information on how to do this on a wide variety of desktop browsers.
1. Strictly Necessary Cookies
These cookies are strictly necessary to enable you to move about the site or to provide certain features you have requested. Without these cookies, we will not be able to provide certain features, such as login to member areas.
2. Performance Cookies
These cookies help to improve the performance of the website, providing a better user experience and helping you find the information you are looking for faster.
Unless otherwise stated, the copyright, database rights and any other rights in all information, data, text, drawings, artwork, pictures, photographs, images, graphics and materials (together “Materials”) on the www.thenewhomesgroup.co.uk (the “Site”) and the design, layout, look and appearance of the Site is owned by Spaull Ltd (“we” or “us”) or licensed to us by our suppliers. You are permitted to use and download such Materials or extracts from the Site to a local hard disk and print copies, subject to all of the following:
a) Your use of the Site and any Materials on the Site is for your internal, personal, private use only.
b) Except to the extent provided by law, you must not use, copy, reproduce, republish, post, broadcast or transmit any part of the Site or such Materials for any other purpose without our express prior written consent. This includes (but without limitation) not reproducing or storing any part of the Site or such Materials in any other web site or in any public or private electronic retrieval system or service.
c) Our copyright notice (ie. © The New Homes Group 2009) or, where indicated, the notice of our licensors must appear in all electronic or hard copies of any such Materials or extracts from the Site.
d) When you lawfully or with our consent copy, reproduce, republish, post, broadcast, transmit, print or quote from any of the Site or such Materials, you must do so fairly and give due accreditation to us, our suppliers and the Site. You shall also do so in accordance with any restrictions which we stipulate on the Site.
e) Except as we expressly permit, you must not in any way modify any Materials on the Site.
f) Any rights not expressly granted in these terms or otherwise by us are reserved.
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