Terms and conditions & Privacy Policy

Privacy Policy

We try hard to ensure a fair balance between your personal privacy and ensuring you obtain full value from our site and learn of things you are likely to be interested in. We work in an open way as we think is shown by this Policy. We have worked to word this document in a plain English way where we can. If you find any part difficult to follow, please inform our lawyer who will amend it if possible.

We are registered under the Data Protection Act 1998 and ensure we comply with all protection the Act gives you. Further information on the Act is here: www.dataprotection.gov.uk

On our Site or when working with you, we ask you to provide information that will enable us to enhance your site visit or the use of our service generally, send (or arrange for others to send) information on things that we believe will interest you or reply to you after your visit. This would include where you subscribe to any online newsletters or provide feedback to us through a contact form or when you complete any on line competition form or survey we may offer from time to time. When you register we ask you the questions set out on that page to obtain your personal information. We (and/or carefully selected others) may use (and you consent to the use of) your personal data for future e-mail, mailings, phone or other forms of contact, notification of new services, competitions and new versions. In relation to any regular "e-contact" you can ‘unsubscribe’ at any time.

We do not disclose or sell your information outside our corporate group except if we sell the whole or part of our business or as set out in this Policy, for example when we give your details to the provider of a thing you are interested in. We will not sell your data to any list broker or anybody we believe may trouble you or misuse your data in any way.

Making sure you can interact safely on line is a priority for us and we have made strenuous efforts to ensure that security is one of our highest priorities and we have devoted a great deal of effort to ensure that our online security measures help to safeguard your information. We use technology to allow for the encryption of:

• potentially sensitive information such as your name and address
• critically-sensitive information

We have no desire to infringe your privacy while using our site and we will never provide your personal information to anyone else except if we sell our business in whole or in part or if we consider that they may have products or services that are of importance or likely use to you as set out above.

We use cookies (defined below) for collecting user information from the site. You can disable these if you wish by adjusting your browser settings. These Settings vary but more info is found here: www.allaboutcookies.org

Message given to a web browser by a web server. The message is then stored by the browser in a text file called cookie.txt. Each time the browser requests a page from the server, this message is sent back. A cookie’s main objective is to identify users and personalise their visit by customising web pages for them, for example by welcoming them by name next time they visit the same site. A site using cookies will usually invite you to provide personal information such as your name, e-mail address and interests.

For further information from us on data protection and privacy contact:

The Data Protection Manager, Anicca Solutions Ltd, 5037718, VAT number 906779681, Registered Office 13 University Road, Leicester, LE1 7RA, UK.

E-mail: ann@anicca-solutions.com

Information on the Data Protection Act 1998 is also on the Information Commissioner’s website at www.dataprotection.gov.uk

Our lawyer can be contacted direct here: aw@e-lawfirm.co.uk

Terms and conditions for the use of this site

Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.

1.1 Please read these terms and conditions carefully before using the website owned by Anicca Solutions Ltd known as New-Homes-Direct.com (‘NHD,’ ‘our’, ‘we’ or ‘us’) (Anicca Solutions Ltd, 5037718, VAT number 906779681, Registered Office: 13 University Road, Leicester, LE1 7RA, UK)

In particular, we draw your attention to clause 11 (Liability) and our advert, selling and other such procedures shown on the site. By accessing or using New-Homes-Direct.com (‘our website’) and/or by clicking to indicate you have read and agreed these terms when asked, you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.

1.2 Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website.

1.3 If you do not wish to be bound by these terms and conditions then you may not use our website.

2.1 Our website is a place where we assist buyers and sellers to come together in a virtual marketplace. WE DO NOT BUY OR SELL ANY PROPERTIES OURSELVES. WE DO NOT REPRESENT EITHER OR ANY PARTY.ANY CONTRACT FOR ANY SALE IS BETWEEN THE BUYER AND THE SELLER. Our website describes the Properties in more detail.

2.2 Please note that our website is available only to individuals that can form legally binding contracts under applicable law. The contents of our website are suitable for and thus aimed at users of over 18 years of age, you must be over 18 years to purchase the Properties, using the payment method displayed on our website. If you do not qualify, please refrain from using this website.

2.3 If viewing or ordering from our website is illegal in the country in which you are viewing it, you are not authorised to do so.

3.1 To proceed you will need to take professional advice and proceed direct with the other party subject to the procedures set down on the Website which have been agreed for reasons of speed, convenience and value for money for all parties.

3.2 There is no obligation upon any person to buy or sell unless they contract in accordance with the law.

3.3 The particulars of the Properties do not constitute any part of an offer or a contract. All statements contained on the site with regard to any Property are made without responsibility on the part of NHD. None of the statements are to be relied upon as a statement or representation of fact. Any intending purchaser must satisfy himself/herself by inspection or otherwise as to the correctness of each of the statements contained in these particulars. NHD nor any person in their employment has any authority to make or give any representation or warranty whatever in relation to Property.

4.1 If you have any complaints about our site or the actions of a buyer or a seller, you should direct them to us via e-mail at complaints@new-homes-direct.com

4.2 As the contract is between the Seller and the Buyer, we have limited power to intervene in the event of any difficulty but we will attempt to help you if we can.

5.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new Products shall be subject to these terms and conditions.

5.2 Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.

6.1 You warrant and undertake that you will not use our website for any purpose that is illegal or is prohibited by these terms and conditions. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you.

6.2 You indemnify us against any and all claims, liabilities, demands, awards, damages, costs or any other matters that arise as a result of any contract that may arise (or is alleged to have arisen) as a result of the use of this site.

6.3 You accept that you are responsible for compliance with all regulations that may apply to the transaction including (by way of example) fire regulations that apply to furniture sales, distance selling regulations, misrepresentation or the sale of electrical items and indemnify us in respect of any breach.

7.1 Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.

7.2 Our website is controlled and operated by us from our offices in England. Where content published on the website is supplied by third parties, you understand that we do not control or endorse that content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Properties you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.

7.3 We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website.

7.4 NHD makes no representations and gives no warranties, express or implied that making the opportunity to negotiate the purchase of the Properties available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Properties or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Properties are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase. HND accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is NHD, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with NHD or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

NHD makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website or send an e-mail to a person detailed on our site you accept and agree that we have no control over the content or availability of that website or the nature of the relationship that you may enter into with the e-mail recipient. In addition, a link to any other website does not mean that NHD endorses or accepts any responsibility for the content, or the use of, such a website and NHD shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

11.1 We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.

11.2 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of NHD or our servants, agents or any other person or entity.

11.3 If we are liable to you for any reason, our liability will be limited to the amount received by us in respect of our involvement in the arrangement made the subject of the claim concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.

11.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

11.5 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

12.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.

12.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.

12.3 These terms and conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and NHD. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by NHD or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.

12.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

12.5 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.

12.6 NHD will be held liable for any failure to perform any obligation to the other due to causes beyond your or NHD’s respective reasonable control.

12.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.

12.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

13.1 All notices shall be given:

• to us via e-mail at ann@anicca-solutions.com or
• to you at either the e-mail or postal address you provide during any ordering process.

Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

These terms and conditions replace all other terms and conditions previously applicable to the use of our website and/or sale of the Products.

© Woolley & Co. 2005. All rights reserved. No use without authority.