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Terms of Use

                                                                                                                                      V2PJM061017

LEGAL NOTICES

Information about us

www.dacres.co.uk is a site operated by Dacre, Son & Hartley Limited ("We"). We are registered in England and Wales under company number 3090769 and have our registered office at 1/5 The Grove, Ilkley, West Yorkshire, LS29 9HS. Our VAT number is 665 3425 27GB.

We are regulated by The Royal Institution of Chartered Surveyors and run a compliant complaints procedure, a copy of which can be accessed off our website or is available from any of our offices.

Terms of website use

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.dacres.co.uk (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use the restricted areas of our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your account and password

You must treat any passwords that we provide to you to access restricted areas of our site as confidential. You must not disclose them to any third party.

We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your password, you must promptly notify us.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use only.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors before any such use. 

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain the usual professional advice before taking, or refraining from, any action on the basis of the content on our site.

Limitation of our liability

Nothing in these terms of use 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.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. 

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site. 

If you are a business user, please note that in particular, we will not be liable for:

 

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

 

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services by us to you, which will be set out in our separate Terms and conditions of supply of those services.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Trade marks

‘Dacres’, ‘Dacre, Son & Hartley’ and ‘DS&H’ are UK registered trade marks of Dacre, Son & Hartley Limited.

Referral Fees

Energy performance certificates

Where We refer you to an Energy Performance Certificate provider or We provide the EPC directly to you (through a third party provider), We reserve the right to claim a reasonable fee or commission in respect of such service, which will be charged to the EPC provider. That fee or commission will not exceed £50 per EPC. 

Conveyancing services

Where We refer you to a third party to deal with the transfer of a legal title in respect of your property, We reserve the right to claim a reasonable fee or commission in respect of such service, which will be charged to the conveyancing services provider. That fee or commission will not exceed £300 per case. 

Survey services 

Where We refer you to a third party Surveyor, We reserve the right to claim a reasonable fee or commission in respect of such service, which will be charged to the third party Surveyor. That fee or commission will not exceed £250 per case.

Financial Services 

We are obliged by the Estate Agents (Provision of Information) Regulation 1991 to inform property sellers that We may offer to prospective purchasers mortgage services through our association with Purely Mortgage Consultants, and estate agency services together with any other special offers which may be available from time to time.

General Estate Agency Statement

 

DISCLAIMER

1. Our description of any appliances and services (including central heating systems) should not be taken as any guarantee that these are

in working order. They have not been, nor will they be tested. 2. These particulars do not constitute an offer or contract of sale, and any

prospective purchaser should satisfy themselves by inspection of the property. 3. You should not rely on anything stated verbally by any

member of Dacre,Son & Hartley’s staff unless we confirm the matter in writing. 4. All illustrations are for identification purposes only and

are not to scale. 5. Measurements are taken in imperial to the nearest three inches. 6. There is no implication that an item is included

within the sale by virtue of its inclusion within any photograph. 7. The sale is subject to all rights of support, public and private rights of

way, water, light, drainage and other easements, quasi easements and wayleaves, and all or any other rights whether mentioned in these

particulars or not. Dacre, Son & Hartley is a registered trademark of Dacre, Son & Hartley Limited.