Website terms and conditions
1.1 These website terms and conditions ("Website Terms") apply to your use of the CityWest Homes website at www.cwh.org.uk (the "Website"), MyCityWest, our online portal and to any correspondence by e-mail between us and you. By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, you must not use this Website.
1.2 We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.
3. Your use of this website/ visitor material and conduct
3.1 You must only use this website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website.
3.2 You may use, download and print content on the website solely for your own personal use. Other than for your own personal use, you may not without our prior written consent:
a) copy, reproduce, use or otherwise deal with any content on the website
b) modify, distribute or re-post any content on the Website for any purpose
c) reproduce, crawl, frame or deep-link into this Website on or from any other website
d) use the content of the website for any commercial exploitation whatsoever
e) For the purposes of these website terms, any use of extracts from the Website other than in accordance with this clause.
3.2 for any purpose is prohibited. If you breach any of the terms in these website Terms, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
3.3 Any rights not expressly granted in these Website Terms are reserved.
If you would like to request permission to use photography or other content from our website for corporate use, please contact our communications team on 020 7245 2046.
3.5 You are prohibited from posting or transmitting to or from the Website any material:
a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
b) for which you have not obtained all necessary licenses and/or approvals; or
c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3.6 You may not misuse the Website (including, without limitation, by hacking).
3.7 The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of CityWest Homes or its shareholder.
3.8 CityWest Homes shall fully co-operate with any law enforcement authorities or court order requesting or directing CityWest Homes to disclose the identity or locate anyone posting any material in breach of clause 3.5 or clause 3.6.
4. Links to and from the Website
4.1 We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, CityWest Homes cannot accept any liability in respect of the use of these websites.
4.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
a) you do not remove, distort or otherwise alter the size or appearance of the CityWest Homes or CityWest Homes residential logos;
b) you do not create a frame or any other browser or border environment around the Website;
c) you do not in any way imply that CityWest Homes is endorsing any products or services other than its own;
d) you do not misrepresent your relationship with the CityWest Homes nor present any other false information about CityWest Homes;
e) you do not link from a website that is not owned by you; and
f) your website does not contain content that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
4.3 CityWest Homes expressly reserves the right to revoke the right granted in clause 3.2 for breach of these terms and to take any action it deems appropriate.
4.4 You shall fully indemnify CityWest Homes for any loss or damage suffered by CityWest Homes or its shareholder for breach of clause 4.2.
5. Ownership of rights
5.1 All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to CityWest Homes or its shareholder.
5.2 If you acquire any copyright or other intellectual property rights in the Website (whether by operation of law or otherwise), then you agree to assign those rights to us (including any rights you may have in user generated content that you submit through the Website) on a worldwide basis absolutely to the fullest extent permitted by law. You will also unconditionally and irrevocably waive any and all moral rights you acquire in or to the Website.
5.3 You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.
6. Registration and password
6.1 Each registration is for a single user only. CityWest Homes does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 You must only register for services under for your account and not register on behalf of anyone else
6.3 You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. CityWest Homes shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
7. Service access
7.1 While CityWest Homes endeavours to ensure that the Website is normally available 24 hours a day, CityWest Homes shall not be liable if for any reason the Website is unavailable at any time or for any period.
7.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond CityWest Homes’ control.
8. Damage to your computer or other device
8.1 CityWest Homes uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including anti-virus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, CityWest Homes shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
9. Accuracy of content
9.1 While CityWest endeavours to ensure that the information on the Website is correct, to the extent permitted by applicable law, CityWest Homes disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party. CityWest Homes may make changes to the material on the Website, or to the products and prices described in it, at any time without notice.
10.1 CityWest Homes, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and the officers, directors, employees, shareholders or agents of any of them excludes all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. Further, CityWest Homes excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use of or reliance on any content or information displayed in or on the Website, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
10.2 Nothing in these Website Terms shall exclude or limit CityWest Homes’ liability for:
a) death or personal injury caused by our negligence; or
b) fraud; or
c) misrepresentation as to a fundamental matter; or
d) any liability which cannot be excluded or limited under applicable law.
10.3 These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
11. Other legal notices
12. Third party rights
12.1 Only you and CityWest Homes shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
13. Law, jurisdiction and language
13.1 Any matter that arises out of your use of this Website shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.