Coppenwall Estate Agent Terms & Conditions

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Coppenwall Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Coppenwall Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Coppenwall Limited and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

1. All Content included on the Website, unless uploaded by Users, is the property of Coppenwall Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission

2. You may, for your own personal, non-commercial use only, do the following

  • retrieve, display and view the Content on a computer screen
  • print one copy of the Content

3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Coppenwall Limited.

4. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.

5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Coppenwall Limited for all claims resulting from Content you supply.

Prohibited use

6. You may not use the Website for any of the following purposes:

  • a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
  • b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
  • c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Links to other websites

7. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Coppenwall Limited or that of our affiliates.

8. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

9. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Cookies Policy

10. Use of the Website is also governed by our Cookies Policy, which is incorporated into these terms and conditions by this reference. To view the Cookies Policy, please click on the following: Cookie Policy

Availability of the Website and disclaimers

11. Any online facilities, tools, services or information that Coppenwall Limited makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Coppenwall Limited is under no obligation to update information on the Website.

12. Whilst Coppenwall Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

13. Coppenwall Limited accepts no liability for any disruption or non-availability of the Website.

14. Coppenwall Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

15. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

16. To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.

17. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

To the maximum extent permitted by law, Coppenwall Limited accepts no liability for any of the following:

  • a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
  • b. loss or corruption of any data, database or software;
  • c. any special, indirect or consequential loss or damage.

General

19. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

20. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

21. These terms and conditions together with the Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

22. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

23. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

24. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

25. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Property Misdescription

26. The Property Misdescriptions Act seeks to ensure that everything said about a property is accurate, enabling potential buyers to rely on information provided by the Estate Agent as being correct. The Act places the obligation for accuracy on the Estate Agents, but as Agents do not own the properties they sell, they have to depend on sellers providing them with accurate information and advising them of any errors or inaccuracies in details produced on their behalf. They may also have to check certain information provided by others for themselves – or where this is not possible, to ask those providing such information to certify its accuracy.

27. For people selling property through an Agent, this means that :

  • The Agent relies on the Seller to provide accurate information
  • The Agent may be obliged to check certain information provided by the Seller for ourselves
  • The Agent may be obliged to ask the Seller to certify certain information as being correct

These checks and certificates are not a reflection on the honesty or integrity of individual Sellers; they are required to enable us as Estate Agents to comply with legislation

Money Laundering Policies 2017

28. Changes were made to the Money Laundering Regulations on 26 June 2017 placing a legal requirement on Estate Agents to verify the identity of all sellers at the point of instruction. We will not be able to enter a business relationship with a seller until we have satisfactorily completed this process.

29. We do this by requesting that you provide approved documents to confirm your name and residency address. These documents will be retained for a period of 5 years in line with these regulations. We will discuss with you the documents which we can accept and the process that you will need to follow.

30. Please understand that we will not be able to issue the Sale Memorandum until we have completed this process.

Politically Exposed Persons (PEPs)

31. In addition to confirming the identity, we are now required to ascertain whether you or any member of your immediate family is classed as a Politically Exposed Person (PEPs). Politically exposed persons are persons that are entrusted with prominent public functions, held in the UK or abroad.

Typically, this includes:

  • Heads of State, Heads of Government, Ministers and deputy or assistant ministers
  • Members of Parliament or similar bodies
  • Members of the governing bodies of political parties
  • Members of supreme and constitutional courts and other high level judicial bodies
  • Members of courts of auditors or boards of central banks
  • Ambassadors, and high-ranking officers in the armed forces
  • Members of the administrative, management or supervisory bodies of state owned enterprises
  • Directors, deputy directors and members of the board, or equivalent of an international organisation.

32. The definition includes family members such as spouse, partners, children (of the person and their spouse or partner) and parents and known close associates. Close associates are persons who have:

  • Joint legal ownership, with a politically exposed person, of a legal entity or arrangement
  • Any other close business relationship with a politically exposed person
  • Sole beneficial ownership of a legal entity or arrangement set up for the benefit of a politically exposed person

Coppenwall Limited details

33. Coppenwall Limited is a company incorporated in England and Wales with registered number 10538181 whose registered address is 21 Dobbin Close, Rawtenstall, Lancashire, BB4 7TH and it operates the website coppenwall.com.

Complaints Procedure

34. In the event of a complaint please write to us at our registered office. All complaints must be put in writing to the Managing Director. We aim to respond to all complaints within 14 days.

Email: team@coppenwall.com

Phone: 01706 489 140

£995
Classic Estate Agency

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