Terms & Conditions
This Site ("the Site") is subject to the following terms and conditions (the "Terms"). By proceeding to view this Site or any part of it, you acknowledge that you have read, understood and accepted these Terms. No other terms shall apply. These Terms may be varied by Daniel Johns Limited ("Daniel Johns") from time to time and the revised Terms will be deemed to apply at the relevant time in respect of your registration and/or use of the Site.
If you breach any of these Terms, your permission to use the Site automatically terminates and you must immediately destroy any downloaded extracts from the Site.
1. Accuracy of Information on our Site1.1
This Site comprises marketing material produced by Daniel Johns Limited in respect of properties built or in the process of being built by Daniel Johns Limited ("the Developments"). The Site is intended to assist prospective clients of Daniel Johns Limited who may be interested in acquiring properties located within the Developments. These Terms relate to such marketing and other material and how it can be used and downloaded by the user only. The Site does not constitute an offer to enter into any form of negotiation or agreement in respect of any of the Developments or any part of the same nor does it constitute a representation that any specific property or Development will remain open for acquisition for any specific period of time.1.2
Prospective clients are reminded that purchasing real property is a major financial commitment. As a result they should take all reasonable steps to ensure that any property they are proposing to purchase is suitable for their requirements in all respects. Daniel Johns Limited and its group companies have taken reasonable steps to ensure that material contained within the Site is accurate but it should not be taken as a substitute for a client's further enquiries including but not limited to visits to the Developments, discussions with our sales office, independent legal and financial advice.1.3
Without prejudice to the generality of these terms, users of the Site are strictly prohibited from downloading or re-circulating material obtained from the Site for the purposes of promoting properties other than those put on sale by Daniel Johns Limited including properties previously sold by Daniel Johns Limited in the Developments which are offered for resale or lease by third parties. Nothing in this clause is intended to exclude or limit liability for fraud or for fraudulent misrepresentation or any other liability which may not be legally excluded or limited.1.4
Daniel Johns Limited believes all information on the Site is up to date at the time it is posted. Daniel Johns Limited reserves the right to add, alter or delete material from the Site at any time and may, at any time, revise these Terms without notifying you. You are bound by any such amendments and Daniel Johns Limited therefore advise that you periodically visit this page to review the current Terms.1.5
Whilst Daniel Johns Limited uses reasonable efforts to include accurate information in the Site, it makes no warranties or representations as to the accuracy of any information given and all such warranties (whether implied or otherwise) are excluded to the extent permitted by law. Daniel Johns Limited excludes all liability for any errors or omissions in the content of the Site to the fullest extent permitted by law.1.6
The particulars contained on the Site are for guidance purposes only. The accuracy of any particulars, description, dimensions, references to condition, necessary permissions for use and occupation and other details contained in the Site is not guaranteed and is for general guidance only and prospective purchasers or tenants must not rely on them as statements of fact or representations and must satisfy themselves as to their accuracy. Neither Daniel Johns Limited nor any of its employees or representatives has any authority to make or give any representation or warranty or enter into any contract whatever in relation to the property. The reference to any mechanical or electrical equipment or other facilities at the property will not constitute a representation (unless otherwise stated) as to its state or condition or that it is capable of fulfilling its intended function. Prospective tenants/purchasers should satisfy themselves as to the fitness of such equipment for their requirements.1.7
Daniel Johns Limited advises that you take appropriate steps to verify any information upon which you wish to rely. To find out more about a development, please visit the site sales office during opening hours and speak to one of our sales staff.
2. Linking to Third Party Websites2.1
For the avoidance of doubt, the presence of a link to a third party website will not be deemed to be a recommendation of such websites or any advice or information on them by Daniel Johns Limited.
3. Our Liability3.1
The Site and the information contained on it is provided on an 'as-is' basis and Daniel Johns Limited shall not be liable to you in respect of the Site or the use, accessing, downloading or relying on any information contained or referred to on the Site. Daniel Johns Limited excludes all liability to the fullest extent permitted by law whether in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise for (but not limited to) any loss of profit, loss of revenue, loss of anticipated savings, loss or corruption of data due to viruses or otherwise, loss of contract or opportunity, loss of goodwill or indirect or consequential loss of whatever nature including (without limit) any loss of a type described above which could be regarded as indirect or consequential and whether or not reasonably foreseeable by you, a third party or Daniel Johns Limited in connection with the Site.3.2
Whilst Daniel Johns Limited makes reasonable attempts to exclude viruses and other harmful components from the Site, its content or server, it cannot guarantee such exclusion and makes no warranty in that respect to the extent permitted by law and excludes all liability for viruses which may be downloaded from the Site. Daniel Johns Limited recommends that you take all appropriate safeguards prior to downloading information from the Site.3.3
Daniel Johns Limited excludes all implied warranties to the fullest extent permitted by English law.3.4
For the avoidance of doubt, nothing in the Terms will exclude or limit the liability of Daniel Johns Limited in respect of death or personal injury due to the negligence of fraud of Daniel Johns Limited.
4. Intellectual Property and Copyright4.1
You acknowledge and accept that all of the copyright, database rights and any other intellectual property rights which subsist in the design, layout, processes, functions, data and content of the Site are the property of Daniel Johns Limited , its information providers or licensors. The Site is owned and operated by Daniel Johns Limited . No part of the Site, its content or any of its underlying software and databases may be copied or reproduced, shared with third parties, reverse engineered, reverse assembled, or used to create any derivative work (whether in physical or electronic form) without the prior written consent of Daniel Johns Limited.
You are permitted to download extracts from this Site on the basis that no material may be copied, modified, added to or distributed in any way. You may download one copy of the material on any single computer for your private use only, provided that you keep intact all copyright and other proprietary notices. You are not permitted to publish the contents of the Site including but not limited to publication on any other website or computer environment.5.2
If you are dissatisfied with the Site or any content or material on it, your sole exclusive remedy is to discontinue use of the Site.
6. International Use6.1
The Site complies with English law. If you are not based in the UK, then you are not authorised to use the Site and Daniel Johns Limited will not be responsible for any loss or liability arising as a result of any such unauthorised access.
7. Changes to the Site7.1
The format and content of the Site may be changed at any time without notice. Its operation may be suspended or discontinued for support or maintenance work, in order to update its content or for any other reason. Access may be terminated either in relation to specific users or generally at any time and without notice.
8. Privacy Statement8.1
Daniel Johns Limited is a Limited Company incorporated in England and Wales and is a ‘controller’ under the General Data Protection Regulation (GDPR) and the Data Protection Act 20188.3 Whose data do we hold?
We may hold data about the following people
- Suppliers and service providers
- Advisers, consultants and other professional experts,
- Complainants and enquirers
We will only collect information from you that is relevant to the matter that we are dealing with. In particular we may collect the following information from you which is defined as ‘personal data’:
- Personal details, such as name, address and email address
- Family, lifestyle and social circumstances
- Financial details
- Business activities of the person whose details we are processing
We may also collect information that is referred to as being in a ‘special category’. This could includes
- Physical or mental health details
- Racial or ethnic origin
- Religious beliefs or other beliefs of a similar nature
- Sexual orientation
The basis on which we process your personal data is one or more of the following:
- It is necessary for the performance of our contract with you
- It is necessary for us to comply with a legal obligation
- It is in our legitimate interest to do so
- You have given us your consent (this can be withdrawn at any time by contacting email@example.com
We may use your information for the following purposes
- Maintaining accounts and records
- Promotion of our goods and services
- Who will we share your data information with?
- Service providers based in the United Kingdom who provide IT and system administration services to us
- Debt collection agencies if you do not pay our bills
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.8.9 International transfers
We may from time to time transfer your personal data to a country outside of the EEA. For example when we store personal data on a cloud server.8.10 Security arrangements.
We shall ensure that all the information that you provide to us is kept secure using appropriate technical and organisational measures. In the event of a personal data breach we have in place procedures to ensure that the effects of such a breach are minimised and shall liaise with the Information Commissioner’s office (ICO) and with you as appropriate. More information can be obtained by contacting firstname.lastname@example.org What rights do you have?
You have the following rights under the GDPR
- Request access to your personal data
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data
- Right to withdraw consent
If you are unhappy about how we are using your information or how we have responded to your request then initially you should contact email@example.com. If your complaint remains unresolved then you can contact the ICO, details available at ico.org.uk
9. Information Provided To Us9.1
If any user of the Site, or any other person, that views a Daniel Johns Limited published document responds with any information or feedback such as questions, comments, suggestions, or the like, such information will be deemed to be non-confidential and Daniel Johns Limited is at liberty to use, reproduce, disclose and distribute that information to any other person.9.2
Further, Daniel Johns Limited is at liberty to use or exploit any ideas, concepts, know-how or techniques contained in such information/feedback for any purpose whatsoever without charge including, but not limited to, developing, manufacturing and marketing products incorporating such information.
Daniel Johns Limited
Ceme, Marsh Way, Rainham, England, RM13 8EU
Registered in England and Wales Number 08559585
Last Updated: 25 May 2018