TERMS & CONDITIONS OF USE OF THIS SITE

1. DEFINITIONS

"Content" means any text, software, database, format, graphic and written work and all other materials developed by, or on behalf of, us which form part of this website; and/or provided on or through this website with the permission of the third party owners.

"Intellectual Property Rights" mean copyright, patents, database rights and rights in trade marks, designs, know-how and confidential information (whether registered or not); applications for registration and the right to apply for registration for any of these rights; and all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.

"Terms & Conditions of Use" mean these general terms of use, the terms of use for the supply of goods through this website and the terms of use for the members areas of this website setting out the terms on which you may use this website. "We" or "us" or "our" mean PierGroup.net; PierGroupProperty and its representatives. "You" or "your" mean a user of this website.

2. ACCESS TO THIS WEBSITE

i) By accessing this website, you agree:
- that you will access its contents solely for your own private use.
- to comply with all applicable laws and regulatory requirements relating to your use of this website.
- to comply with all reasonable instructions we give you relating to this website.
- not to use this website to distribute any information or data in contravention of any regulation or legislation (including, but not limited to, regulation or legislation governing financial services, money laundering or anti-terrorism).
- You are responsible for all telecommunications charges relating to your use of this website.

3. INTELLECTUAL PROPERTY RIGHTS

i) We (or our suppliers or third parties who have granted us permission to reproduce their material on this website) own all Intellectual Property Rights in the Content and this website.

ii) Nothing in these Terms & Conditions of Use gives you any right, title or interest in the Content or this website and you do not acquire any such right, title or interest through your use of the website. If you need third party software to use this website, you agree to obtain a license of that software at your own expense. Please also read the Copyright notices which apply to the Content and this website.

4. MATERIAL PROVIDED BY YOU

i) You agree to ensure that all material you send or upload to this website (termed ‘your material’) including, but not limited to e-mails, text, graphic files, still or moving images, or responses to any questionnaire available through this website, is legal, decent and truthful; complies with all laws and regulations; does not infringe the Intellectual Property Rights or other rights of us or any third party; is not defamatory; unreliable or misleading or otherwise objectionable and is free of bugs, worms or viruses.

ii) You are solely responsible for Your Material. If we consider that any part of Your Material exposes us to the risk of a claim or complaint by a third party, we may block access to all or part of this website and remove all or part of Your Material. You must provide all reasonable assistance in this respect.

iii) You agree not to use this website to advertise or sell any goods or services to other users of this website.

iv) You agree not to publish any information or personal data relating to a third party.

5. ONLINE PRIVACY POLICY

i) You acknowledge that we may process the personal data you provide if you use this website.

ii) You and all employees and representatives of PierGroup.net will comply with applicable data protection legislation in performing obligations under these Terms & Conditions of Use.

6. LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY

i) We cannot guarantee that this website will operate in accordance with your expectations or will be error free. We are not obliged to update this website but we may do so from time to time and we reserve the right to modify, restrict access to or close this website at any time.

ii) From this website you may be able to access websites operated by others. We do not endorse those other websites nor do we accept responsibility for their content or for damage or loss you may suffer arising out of accessing those websites, including, but not limited to, damage or loss arising from your use of documents or other information found on those websites. We do not monitor or maintain these links. Please read all copyright and legal notices on each site before downloading or printing items to ensure that you are permitted to do so under the third party site’s copyright notices, legal notices or terms of use.

iii) Our liability to you in connection with this website (whether arising from negligence, breach of contract or otherwise) is only to take such actions as are reasonably required (in our sole discretion) in order to:
a. remove or delete data entered in error, or
b. remove or delete data that is the subject of dispute, or
c. correct data entered in error.
d. We are not liable to you for any loss of profits, business or data or for any indirect, special, incidental, consequential, punitive or exemplary loss, liability or costs (whether arising from negligence, breach of contract or otherwise) regardless of whether it was foreseeable or not.

iv) To avoid doubt, we are not liable for any damage or loss that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with accessing or using this website, Your Material or the Content.

v) Nothing in these Terms excludes or limits our liability for fraud or for death or personal injury arising from our negligence or that of a partner, associate, consultant or employee of PierGroup.net or that of our agents or subcontractors or for any other matter in respect of which it would be unlawful or in breach of regulation (including, but not limited to, self-regulation) to limit or exclude liability.

7. NO WARRANTIES

i) We give no express or implied representation or warranty (whether statutory or otherwise) in respect of this website or the Content (including, without limitation, as to their condition, satisfactory quality, performance or fitness for purpose) and all such representations and warranties are excluded except to the extent that their exclusion is prohibited by law.

8. GENERAL PROVISIONS

i) We reserve the right to vary or amend these Terms periodically. We will notify you of any such amendment by posting it to this website. Any changes shall take effect upon posting to this website.
ii) Our rights under these Terms & Conditions of Use:

• a. may be exercised as often as necessary;
• b. are cumulative and not exclusive of rights or remedies provided by law; and
• c. may be waived only in writing and specifically.
• d. Delay in the exercise or non-exercise of any such right is not a waiver of that right.
• e. If a provision of these Terms & Conditions of Use is or becomes illegal, invalid or unenforceable in any jurisdiction, that does not affect:

• aa. the legality, validity or enforceability in that jurisdiction of any other provision of these Terms or
• bb. the legality, validity or enforceability in other jurisdictions of that or any other provision of these Terms
• cc. Nothing in these Terms is to be taken to constitute a partnership between you and us, or constitute either of you or us the agent of the other for any purpose.
• dd. A person who is not a party to these Terms may not enforce any of the terms under the Contracts (Rights of Third Parties) Act 1999.

ee. A failure by you or us to enforce a provision of these Terms or a breach of a provision by the other or default by the other in performing a provision does not constitute a waiver and does not prevent you or us from subsequently enforcing that provision or from acting on such breach or a subsequent breach of the provision by the other party or default by the other party in performing that provision.

9. INTELLECTUAL PROPERTY NOTICE

i) We are the proprietor/exclusive licensee of the PierGroup.net and PierGroupProperty trade mark in the UK. All other trademarks, brand names, product names and titles and copyrights used in this site are trademarks, brand names, product names or copyrights of their respective holders. No permission is given by PierGroup.net or PierGroupProperty in respect of the use of any of them and such use may constitute an infringement of the holder’s rights.

10. GOVERNING LAW

i) This site is targeted at UK residents only The information provided is only applicable to the UK property market and persons operating in this market regardless of their place of residence.
ii) These Terms of Use shall be governed by and interpreted in accordance with English law and we and you each submit irrevocably to the exclusive jurisdiction of the English Courts.

TERMS & CONDITIONS OF USE FOR THE SUPPLY OF GOODS FROM AND THROUGH THIS WEBSITE

1. APPLICABILITY OF THESE TERMS

I) These terms for the supply of goods through this website together with our general Terms & Conditions of Use form the entire agreement between you and us where you are purchasing any goods from us by placing an order for such goods on this website.

2. THE CONTRACT BETWEEN YOU AND US

i) We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order constitutes a legally binding contract between us.

3. PRICE

i) The prices payable for goods that you order are as set out in our website at the time the order is placed. Good/services that require VAT to be added to applicable countries will be added at 15%, if your country is not part of the VAT system no VAT will be charged providing you enter the correct country. VAT will be adjusted periodically as required.

4. RIGHT FOR YOU TO CANCEL THE CONTRACT

i) You may cancel your contract with us for the goods and services that you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for canceling your contract nor will you have to pay any penalty.
ii To cancel your contract you must notify us by via our support system.
iii) Once you have notified us that you are canceling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.

5. CANCELLATION BY US

i) We reserve the right to cancel the contract between us if we have reason to cancel your contract. In that case we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

6. NOTICES

i) Unless otherwise expressly stated in these Terms & Conditions of Use, all notices from you to us must be in writing via email to our website.

7. THIRD PARTY RIGHTS

i) Notwithstanding the term in our general Terms & Conditions of Use, except for our affiliates, directors, employees or representatives, a person who is not a party to these Terms for the purchase of goods through this website has no right under the UK Contracts (Rights of Third Parties) Act 1998 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

8. INVALIDITY

i) If any part of these Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Terms & Conditions of Purchase and Membership

These Data Files are copyright 2009 PierGroup.net. All rights reserved. These Data Files may not, in whole or in any part, be copied, reproduced, transmitted, broadcasted, translated (into any language, natural or computer), stored in a retrieval system, reduced to any electronic medium or machine-readable format, or by any other form or means without prior consent provided in writing from PierGroup.net.

You are granted a limited license to use these Data Files. The Data Files may be used or copied only in accordance with the terms of that license, which is described in the following paragraphs.

License:

"Data Files" means all creative content Data Files - of whichever file type supplied - contained in this package and any subsequent versions or upgrades received as a result of having purchased this package and subsequent membership of the PierGroupProperty.

"Buyer" shall be taken as the original purchaser of the Data Files.

“Member” refers to any member of the PierGroupProperty membership group.

Buyer has the non-exclusive right to use the Data Files only on a single computer. Buyer may not electronically transfer the program from one computer to another over any type of network. Buyer may not distribute copies of the Data Files or the accompanying documentation to others either for a fee or without charge. Buyer may not modify or translate the program or documentation. User may not disassemble the program or allow it to be disassembled into its constituent source code. Buyer’s use of the Data Files indicates his/her acceptance of these terms and conditions. If buyer does not agree to these conditions, return the distribution media, documentation and associated materials to the vendor from whom the Data Files was purchased; and erase the Data Files from any and all storage devices upon which it may have been installed.

This license agreement shall be governed by the laws of the United Kingdom and shall inure to the benefit of PierGroup.net.

Disclaimer / Limitation of liability:

Buyer acknowledges that the Data Files may not be free from defects and may not satisfy all of buyer’s needs. The Data Files and any accompanying written materials are licensed "as is". Buyer’s exclusive remedy during the warranty period shall consist of replacement of distribution media if determined to be faulty. In no event will PierGroup.net be liable for direct, indirect, incidental or consequential damage or damages resulting from loss of use, or loss of anticipated profits resulting from any defect in the Data Files, even if it has been advised of the possibility of such damage.

Specific restrictions:

The Data Files may not be rented, shared, lent or leased. The Data Files and accompanying documentation may not be provided by a "backup service" or any other vendor which does not provide an original package as composed by PierGroup.net including but not limited to all original distribution media.