Website Terms and Conditions
1. INTRODUCTION
(a) These terms and conditions (Terms) apply when you use this website https://www.luxandlisted.co.uk/ (Website).
(b) You agree to be bound by these Terms which form a binding contractual agreement between you and us, KM&JM PROPERTY LTD T/A LUX & LISTED STAGING SOLUTIONS (company no. 16873762) with its registered office at Unit 1 Christchurch House Sir Thomas Longley Road, Medway City Estate, Rochester, England, ME2 4FX ("Lux & Listed", the "Company", "we", "our" or "us").
(c) If you don't agree to these Terms, you must refrain from using the Website.
(d) We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
2. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
3. YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;
(b) use the Website for any purpose other than the purposes of browsing or accessing information about the Company's home staging, styling, consultation and related property presentation services for properties being prepared for sale, letting or short-term rental, and related services made available by us;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact our reputation, including by linking to the Website in a way that is unlawful, misleading, defamatory or otherwise harmful; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
(h) provide false, misleading, or inaccurate information about yourself or, if you are acting on behalf of an organisation, about your organisation, your authority to act, or any information you submit to us via the Website;
(i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; and
(j) upload, post, or share content that is inappropriate, offensive, unlawful, or harmful.
4. DISCLAIMERS AND LIMITATION OF LIABILITY
(a) The Website and any information made available on it are provided on an 'as is' and 'as available' basis. To the fullest extent permitted by law, we disclaim all warranties, representations and conditions (express or implied) in relation to the Website and any Website Content, including any implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement.
(b) You acknowledge that any Website Content is general in nature and does not constitute legal, financial, property, valuation, surveying, architectural or other professional advice, recommendation or endorsement, and you should obtain independent advice before acting on it.
(c) The Website may describe or reference third party offerings (such as photographers, cleaners or contractors) and may enable you to contact such third parties. The Company directly provides home staging, styling, consultation and related property presentation services. Any arrangements you enter into with third parties separately recommended or referred by us are between you and the relevant third party and are subject to that third party's terms and policies.
(d) We do not endorse, guarantee, warrant or verify the quality, suitability, legality, availability, licensing, accreditation, insurance, qualifications or performance of any third party contractor, supplier or service provider (including photographers, cleaners or trades) that we may recommend or refer to you in connection with our services.
(e) The Company makes no warranties or guarantees regarding any particular outcome from the services it provides, including any sale price, rental value, speed of sale or let, buyer interest, viewer numbers or other commercial result.
(f) To the fullest extent permitted by law, we will not be liable to you for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with your use of (or inability to use) the Website, reliance on any Website Content, or any act or omission of any third party service provider or other user, including any indirect or consequential loss, loss of profits, loss of revenue, loss of business, loss of goodwill or loss of data. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited by law.
5. INFORMATION ON THE WEBSITE
(a) While we seek to keep the Website up-to-date and functioning properly, you acknowledge and agree that from time to time, you may encounter the following issues:
(i) the Website may have errors or defects;
(ii) the Website may not be accessible at times;
(iii) messages sent through the Website may not be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website may not be secure or confidential; or
(v) any information provided through the Website may not be accurate or true.
(b) We reserve the right to change any information, content or functionality on the Website by updating the Website at any time without notice, including service descriptions, pricing and other Website Content.
6. INTELLECTUAL PROPERTY
(a) We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserve all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.
7. LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
8. SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
9. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website, or any difficulty in accessing or using the Website, please contact us immediately using the contact details (see below 'How to contact us').
10. PRIVACY
You agree to be bound by our Privacy Policy, which governs how we collect, store, use and share your personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, and which can be found at https://www.luxandlisted.co.uk/privacy-policy.
11. GENERAL
11.1. GOVERNING LAW AND JURISDICTION
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, are governed by the law of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales to settle any such dispute or claim.
11.2. WAIVER
No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
11.3. SEVERANCE
Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.
12. HOW TO CONTACT US
You can contact us by post, email or telephone if you have any questions about these Terms.
Our contact details are shown below:
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07904 969753