Terms of Use of the Website
You may use this Website subject to these terms and conditions:
Terms and Conditions applying to access of all websites created or controlled by Trinity Mirror Digital Property Limited ("TMDP Ltd"), including smartnewhomes.com and any other sites published, operated or maintained by Trinity Mirror Digital Property Limited. In these terms and conditions, "Trinity Mirror Digital Property Limited." is a collective and inclusive title embracing all Trinity Mirror Digital Property Limited websites.
We have designed smartnewhomes.com to provide a source of comprehensive and relevant information for both the personal consumer and the business-to-business user. When you register with the website you will be given a unique user name and password. You are solely responsible for maintaining the confidentiality of your user name and password. In order to extend and increase the range of properties and services you can reach, we work closely with a number of other organisations that provide some of the content made available to users. Where applicable, we will indicate where these third party organisations are involved or have rights or interests in the services being provided.
1. By accessing or using any part of TMDP Ltd websites you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use any of the websites controlled by TMDP Ltd. We may change these conditions at any time without any notice to you. By your continued access and use of TMDP Ltd websites, you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that have been made.
2. Except where otherwise noted, the content of TMDP Ltd websites (including their design, text, graphics and arrangement) and the software used, is the property of and is owned and controlled by TMDP Ltd and is the copyright material of TMDP Ltd or its associated content-provider organisations.
3. “smartnewhomes.com” is a trademark of TMDP Ltd. All other trademarks, product names and company names or logos cited anywhere on TMDP Ltd websites are the property of their respective owners.
4. Save as provided below, no materials from TMDP Ltd websites may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way. Subject to applicable third party content-providers' licences, you may electronically copy and print in hard copy, portions of TMDP Ltd websites for your personal use only. Any other use, modification, distribution or republication without the prior written consent of TMDP Ltd is similarly strictly prohibited. You are not permitted to sell or trade in material so copied.
5. TMDP Ltd may make available merchandise, products or services provided by third parties through TMDP Ltd or links on TMDP Ltd websites. You may be asked by a third party provider for information regarding yourself (such as credit card or other payment information). Third party providers are solely responsible for the use of any information that you provide to them. We strongly suggest that you make whatever investigation or enquiry you feel is necessary or desirable before proceeding with any transaction (whether completed online or offline) with any third party. Your transactions with any third party are solely between you and that third party and are subject to any terms and conditions that may apply to such transactions. You will be responsible for paying all charges you incur and applicable taxes, if any, relating to such charges. Neither TMDP Ltd nor any of its officers, directors, employees, agents, sponsors, licensers or the like makes any representation or warranty or condition, either express or implied, to you regarding any - merchandise, products or services made available through TMDP Ltd or through any link on TMDP Ltd websites nor the content, accuracy, completeness, legality, reliability, quality or suitability of any information provided by any third party provider - information you may be requested to give to any third party or the security of such information.
6. Except as expressly provided, nothing contained in these conditions or anywhere on TMDP Ltd websites shall be construed as conferring any licence under any of TMDP Ltd or any third party's intellectual property rights. While using TMDP Ltd websites you may access third party websites through search results displayed on TMDP Ltd websites and links contained on these websites. Such third party websites are not under the control of TMDP Ltd and we are not responsible for the availability of such sites or their contents. Any links provided on TMDP Ltd websites are provided for your interest or convenience only and do not represent or imply any endorsement by TMDP Ltd of such linked site. You acknowledge that the use of such third party websites is governed by the terms and conditions of use applicable to such sites. TMDP Ltd shall not be responsible or liable, directly or indirectly for the accuracy, content, timeliness, completeness, legality, reliability, quality, suitability, merchantability or decency of any information, advice, content, service, product or merchandise contained in sites listed on TMDP Ltd websites or linked to TMDP Ltd.
7. TMDP Ltd websites are provided by TMDP Ltd on an "as is" and "as and when available" basis to users. You use TMDP Ltd websites at your own risk. TMDP Ltd and its associated content-provider organisations make considerable efforts to make information made available via TMDP Ltd websites as accurate as possible but no warranty or fitness is implied. Neither TMDP Ltd nor any of its officers, directors, shareholders, employees, affiliates, agents, third party content providers, sponsors, licensors, or the like, makes any representation or warranty or condition, either express or implied, to you - that TMDP Ltd websites will be uninterrupted or error-free, - that TMDP Ltd websites or the computer server from which TMDP Ltd websites is made available, are free of viruses or other harmful components, - to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through TMDP Ltd websites. TMDP Ltd makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to - TMDP Ltd websites content, merchandise, services, documents, information, items or materials provided by TMDP Ltd in connection with the use of TMDP Ltd websites; or - any property or services or information received through or advertised on TMDP Ltd websites or received through links provided on TMDP Ltd websites, including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise. No oral advice or written information given by TMDP Ltd or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.
8. TMDP Ltd is not an agent for and does not vouch for those persons, companies and other organisations whose property, goods or services may be displayed or referred to in TMDP Ltd websites, nor for the availability, suitability or prices of such, property, goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other organisations. TMDP Ltd advises users to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies and other organisations whose property, goods or services may be displayed or referred to in TMDP Ltd websites. TMDP Ltd may make available certain information provided by third parties. TMDP Ltd recommends that before you use any such information with respect to any issues or questions that you may have relating to medicine, law, accounting or any other profession you seek advice from a qualified professional. TMDP Ltd may make available certain financial information provided by third parties, including information regarding mortgages, personal finance, stocks, investments and securities. Such investment information is for information purposes only and you should not construe it as investment advice or use it for trading or investing purposes. Financial investments bear varying degrees of risk. TMDP Ltd strongly discourages you from making any investment decision based upon information that you cannot confirm and strongly recommends that you seek advice from a qualified financial advisor before you make any financial investment.
9. Neither TMDP Ltd nor its associated content-provider organisations seek to limit or exclude liability for death or personal injury arising from their negligence. Under no circumstances will TMDP Ltd or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of TMDP Ltd websites be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either - use of and reliance on TMDP Ltd websites; or - inability to use TMDP Ltd websites; or - mistakes, omissions, interruptions, suspension, termination, deletion of files or email, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to TMDP Ltd websites including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to TMDP Ltd records, programs or services; or - merchandise, products or services received through or advertised on TMDP Ltd websites and merchandise, products or services received through or advertised on any links provided on TMDP Ltd websites; or - information or advice received through or advertised on TMDP Ltd websites and information or advice received through or advertised on any links provided on TMDP Ltd websites; or - any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using TMDP Ltd websites. TMDP Ltd is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using TMDP Ltd websites is done at your own risk and TMDP Ltd shall not be responsible or liable for any damages or injury that may result from transmitting such information. If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
10. These conditions and any and all documents specifically mentioned in them constitute the entire agreement between you and TMDP Ltd with respect to the subject matter. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
11. These conditions shall be governed by and construed in accordance with the laws of the United Kingdom. TMDP Ltd controls its websites from within the United Kingdom. It can, however, be accessed from other places around the world. Although these places may have different laws from those of the United Kingdom, by accessing TMDP Ltd websites you agree that the laws of the United Kingdom, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of TMDP Ltd websites. You and TMDP Ltd also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to such matters. Users of TMDP Ltd websites accessing it from places outside of the United Kingdom acknowledge that they do so voluntarily and are responsible for complying with local laws.
