OCTAGON website TERMS & CONDITIONS
1 APPLICATION
1.1 This notice applies to your use of www.octagon.co.uk (the ‘website’), which is owned and operated by Octagon Developments Ltd., Weir House, Hurst Road, East Molesey, Surrey KT8 9AY and the companies in the Octagon group* (“we”, “us” or “our”). Octagon Developments Ltd. is registered in England and Wales under company number 01467331.
1.2 By using, accessing, browsing or submitting data to the website you agree to be bound by these terms and to comply with these terms and all applicable laws, rules and regulations.
1.3 If you do not accept these terms in full, then you do not have permission to access the contents of the website and therefore should cease using it immediately.
1.4 We recommend that you print a copy of these terms for future reference.
1.5 The term of our Privacy Notice https://www.octagon.co.uk/octagon-privacy-policy/#.XlOggSj7T4Y will also apply to any personal data we obtain from you as a result of your use of the website and the personal data you provide to us in the course of any services we provide to you.
1.6 We may make changes to these terms and will amend these terms from time to time. Every time you wish to use the website, please check these terms to ensure you understand the terms that apply at that time.
1.7 We may update and change the website from time to time.
1.8 We may suspend or withdraw the website or any of the services offered on or described on our website.
1.9 The website is made available free of charge.
1.10 We do not guarantee that the website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
1.11You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
1.12 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms and conditions.
2 MATERIAL ON THE SITE
2.1 The material in this website is for general information only. Appropriate professional advice should be taken before taking or refraining from action based on it. We accept no liability for any reliance upon the contents of this website. You may access other websites from this website and this website may refer to other websites. Where this website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources. Octagon Developments Ltd. accepts no liability in connection with any other website. Other websites wishing to link the website from their websites must contact Octagon Developments Ltd (enquiries@octagon.co.uk) and may only do so once they are in receipt of written authorisation.
2.2 Do not rely on information on this site
The content on this website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the website.
2.3 Although we make reasonable efforts to update the information on the website, we make no representations, warranties or guarantees, whether express or implied, that the content on the website is accurate, complete or up to date.
2.4 User-generated content is not approved by us and does not represent the view of the Octagon group of companies.
3 COPYRIGHT AND TRADE MARKS
3.1 We are the owner or the licensee of all intellectual property rights in the website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 In consideration of agreeing to your use of the website, you acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, copyright) in the website belongs to Octagon Developments Ltd. Accordingly, any part of the website (or its source code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising the website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.
3.2 You may only use the trademarks featured on the website for the purpose of displaying the website on your computer screen or printing out the website on your printer in accordance with the previous paragraph.
3.3 You must not use any part of the content on the website for commercial purposes without obtaining a licence to do so from us or our licensors.
3.4 If you print off, copy or download any part of the website in breach of these terms of use, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4 USE
4.1 You are responsible for configuring your information technology, computer programmes and platform to access the website. You should use your own virus protection software.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or any other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to our website. You must not attack our website 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 website will cease immediately and we reserve all rights against you..
4.2
5 LIABILITY
This section sets out our responsibility for loss or damage suffered by you
5.1 Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our terms and conditions which will be separately agreed with you.
5.2 If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to the website or any content on it.
- We will not be liable to you 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, the website; or
- use of or reliance on any content displayed on the website.
- 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.
5.3 If you are a consumer user:
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you reasonable compensation. You must let us know if any such damage within a reasonable period of time or your rights will be lost.
- We are not responsible for viruses
- We do not guarantee that the website will be secure or free from bugs or viruses.
6 WHICH COUNTRY’S LAWS APPLY
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that 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, their subject matter and their 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.
7 PRIVACY STATEMENT
We will only use your personal information as set out in our Privacy Policy https://www.octagon.co.uk/octagon-privacy-policy/#.XlOggSj7T4Y
*Companies in our group
Octagon Group Holdings Ltd
Octagon Group Ltd
Octagon Developments Ltd
Octagon Broadoaks Holdings Ltd
Octagon Homes Ltd
Burnham SPV Ltd
The above list is current at the date of publication of this notice but companies may be bought or sold in the future and the list is accordingly not exhaustive and may be updated from time to time.