Terms and Conditions
CHRISTIE OWEN & DAVIES plc trade as, and are in these Terms & Conditions called, “Christie & Co”. These Terms & Conditions govern the use of the Christie & Co website (the “Website”).
The Group of Companies of which Christie & Co forms part at the relevant time are in these Terms and Conditions called “the Group”. Full details of the Group are available from the Menu on our Home Page.
Both “Christie Finance” and “Christie Insurance” shall mean all and any companies within the Christie Group which use the words “Christie Finance” or “Christie Insurance” as part or the whole of their trading name and include (without limitation) RCC Business Mortgages Ltd and RCC Insurance Brokers Ltd.
Christie & Co are registered under the Data Protection Act 1998 ("DPA98") and this Website complies with DPA98 and Regulations issued under it and with The Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended) (“the Regulations”).
Christie & Co is registered with, and regulated by, the Royal Institution of Chartered Surveyors: details of such institution are available from its website: www.rics.org.uk.
This Website provides access links to other websites operated by the Group, including christiefinance.com and christieinsurance.com.
The contents of this Website do not constitute professional advice and no warranties, whether express or implied, are given in relation to its contents. Specifically, to the fullest extent permitted by law, we expressly disclaim all representations and warranties of any kind arising in or in relation to this Website or the information posted on the Website.
By completing the registration process and/or by accessing the Christie & Co Property Database on this Website ("the Database") and on each occasion you access the Database you (“the User”) agree and consent as follows:-
(1) To the following Conditions governing Christie & Co's Particulars:
All sales particulars accessed through the Website, including any delivered to you in response to your request made through this Website, ("Particulars") are subject to contract and all negotiations are entered into on this basis. The Particulars are intended for business people familiar with commercial transactions. If you are not sure that you fit this description you should take relevant independent advice before proceeding further. Christie & Co for itself and for the vendors, owners or landlords of the property whose agents Christie & Co are ("Clients"), give notice that:
- (a) Particulars are prepared for the convenience and general guidance only of an intended purchaser or tenant and, although they are believed to be correct, complete and current, no guarantee is given that they are correct, complete and current and they do not obviate the need to make appropriate searches, enquiries and inspections. They are made without responsibility on the part of Christie & Co or the Clients. Any error, omission or misdescription shall not arrest or annul the sale, or be grounds for rescission or on which compensation may be claimed and neither do they constitute any part of an offer or a contract;
- (b) None of the statements contained in these Particulars as to the property are to be relied upon as statements or representations of fact and any intending purchaser or tenant must satisfy himself, by inspection or otherwise, as to the correctness of each of the statements contained in the Particulars;
- (c) The Clients do not make or give, and neither Christie & Co nor any person in their employment has any authority to make or give, any representation or warranty whatever in relation to the property. The word "property" where used in these Terms and Conditions shall, unless the context otherwise requires, include business and trade contents (if any) included in the sale or lease and, in particular, neither the Clients nor Christie & Co give any warranties, express or implied, as to title, quantity, quality and fitness for the purpose in relation thereto;
- (d) Because of the changing nature of business activity, no representation or warranty is given that the Particulars on this Website are accurate complete or current. Liability for losses arising from any reliance on information contained on the Website or in the Particulars or inability to use or access the materials in or to or from this Website is disclaimed;
- (e) Users of this Website are put on notice that Christie & Co do not knowingly breach or provide access for or otherwise aid potential infringers of third party copyrights.
Important Agent's Notes:
Particulars: These have been prepared and will be prepared as a general guide and do not form part of a contract. Christie & Co have not carried out a detailed survey, nor tested the services, appliances and specific fittings. Dimensions, where given, are approximate and should be verified by the intending purchaser or tenant.
Accounts: Any accounts, financial statements or barrellage or other statistical information which are provided to prospective purchasers or tenants are provided on behalf of Christie & Co's Client. Christie & Co cannot therefore offer any guarantee of their completeness or accuracy and accordingly, shall not be liable for any loss, damage, costs, expenses or other claims for compensation arising from inaccuracies or omission in such accounts/financial statements/information.
Viewing: No direct approach may be made to the business. For an appointment to view, please contact Christie & Co as the Client's agent.
(2) To Christie & Co:-
- (a) holding and processing, by computer or otherwise, information given as a result of the registration on this Website ("Personal Data"); and
- (b) permitting other companies within the Group, and such other disclosure sources as have been, and may from time to time be, duly registered by Christie & Co or by other companies within the Group with the Information Commissioner under DPA98, to use the Personal Data to bring to the User's attention products and services that may be of interest to them and also to assist in the efficient management of the services offered by the Group;
If you do not agree to Christie & Co and others acting in this way or do not wish Personal Data to be used for these purposes you should NOT complete the Registration.
(4) That the information disclosed to you on the Database is not in the public domain and is to be kept confidential by you and shall not without the prior consent of Christie & Co be passed on in any form (whether electronic, written or verbal) to any person, firm or company other than to the User's direct employees who are permitted to have such access by Christie & Co ("Permitted Employees"), which direct employees thereby agree to, and become bound by, the same obligations of confidentiality.
(5) Christie & Co shall allocate to the User such ID Number(s) and/or other identifiers as it thinks fit by electronic means and Christie & Co may alter these from time to time and limit their use as it thinks fit. Any ID Number(s) or identifier is issued for the use of a User and Permitted Employees only and is not further transferable, and shall be kept strictly confidential. The User is responsible for all use of this Website using the User's specific ID Number(s) and identifiers by whomsoever they shall be used, and the User agrees to indemnify Christie & Co and all members of the Group against all use of a ID Numbers(s) or identifier by any third party and the User accepts full responsibility for use or abuse thereof by its Permitted Employees. The User agrees to notify Christie & Co of any breach of security or unauthorised use that the User becomes aware of and accepts that Christie & Co are not liable for losses arising in consequence of such breach or unauthorised use. The User remains fully liable for such losses and to indemnify Christie & Co therefrom at least until Christie & Co have received in writing notification of such unauthorised use. To the extent that there is any unauthorised use of your ID Number(s) and identifiers your Personal Data is not secure and Christie & Co's obligation to keep your Personal Data and deal with it in accordance with DPA98 is qualified accordingly.
(6) Without detracting from the generality of the foregoing, the User for him/her/self and on behalf of, and as agent for, its Permitted Employees undertakes not to pass any details obtained by the User or them from the Database to any other property agent, to the User's personal advisers, or to any third parties without the express prior consent of Christie & Co.
(7) Christie & Co reserves the right without notice (save any notice mentioned below or a notice expressly required to be given under the current version from time to time of these Terms and Conditions) to:-
- amend these Terms & Conditions at any time by posting on this Website amended provisions; and
- alter the arrangements for access to the Database; and/or
- change the content, presentation and/or facilities of the Database or of this Website; and/or
- amend the terms required for registration; and/or
- discontinue the Website or the registered access thereto.
Any change to the current Terms & Conditions will take effect immediately after amended provisions are posted on the Website and any other change aforesaid shall take effect on the date prescribed (at Christie & Co’s discretion) by any of the following:-
- a notice posted on the Website; or
- an amendment to the Terms and Conditions as aforesaid; or
- by e-mail sent to a registered User.
(8) Where a registered User does not log on to use the Website as a registered User for a continuous period of, or exceeding, six calendar months or such other period as Christie & Co may determine at its entire discretion (being hereafter called a “dormant period”) Christie & Co will be entitled to assume that the User no longer requires to use the Website and accordingly Christie & Co’s house-keeping routines will issue a notification to the User of the fact that archiving will automatically occur if no use is made within a further stated period (“the notification period”, usually 21 days or as otherwise advised by Christie & Co). If, during a notification period, the User logs on to the registered part of the Website, then the archiving process will be stayed, but if a further dormant period occurs at any time thereafter the process of archiving will recommence. However, if no occasion of further use of the registered portion of the Website is made by the User during the notification period, then the former User’s registration will automatically be archived. The registered status of the User will be automatically re-activated when the User next logs in to the Website.
(9) Christie & Co takes no responsibility for any third party contents which the User is able to access through this Website, nor for any virus contracted as a result of visiting this Website or any other website.
(10) The material on this Website, the Database and all Particulars, documents and correspondence issued by Christie & Co are copyright and may not be copied, distributed, published, licensed or reproduced in any way without the express written consent of Christie & Co, who also reserve all intellectual property rights (including trade marks, both registered and unregistered) attaching to their name and to their domain names.
(11) This Website is owned and controlled by Christie & Co from its offices in the United Kingdom. Users of this Website from other locations are responsible for compliance with local laws applicable to those locations. These Terms and Conditions shall be governed by and construed in accordance with English law without giving effect to any principles of conflicts of law.
(12) The benefit of these Terms and Conditions may be enforced by Christie & Co and by any other company in the Group to which they shall apply. No third party, other than the User, shall be entitled to use the information on this Website, or to claim any benefit hereunder, or has any right to use Particulars obtained from this Website.
(13) Use of this Website is strictly subject to the acceptance of these Terms and Conditions of use from time to time.
(14) Calls made to some Christie & Co telephone numbers listed on this website might be recorded for quality or training purposes.
Copyright 2013 Christie & Co. All Rights Reserved.