Terms & Conditions

Updated at 10/06/2022

General Terms

By accessing and exploring Canbury Homes, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and Canbury Homes.

Under no circumstances shall Canbury Homes team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Canbury Homes team or an authorized representative has been advised of the possibility of such damages.

Canbury Homes will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and property avaialbility and revise the resources usage policy in any moment. Whilst we do make every effort to ensure all content on our website is correct, we cannot be held responsible for its accuracy.

License

Canbury Homes grants you a revocable, non-exclusive, non-transferable, limited license to use the website strictly in accordance with the terms of this Agreement.

These Terms & Conditions are a contract between you and Canbury Homes (referred to in these Terms & Conditions as "Canbury Homes", "us", "we" or "our"), the provider of the Canbury Homes website and the services accessible from the Canbury Homes website (which are collectively referred to in these Terms & Conditions as the "Canbury Homes Service").

You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Canbury Homes Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

Meanings

For this Terms & Conditions:

Company: when this terms mention “Company, “we,” “us,” or “our,” it refers to Canbury Homes, Wickham House, 2 Upper Teddington Road, Kingston Upon Thames, KT1 4DY, that is responsible for your information under this Terms & Conditions.
Country: where Canbury Homes or the owners/founders of Canbury Homes are based, in this case is United Kingdom
Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Canbury Homes and use the services.
Service: refers to the service provided by Canbury Homes as described in the relative terms (if available) and on this platform.
Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
Website: site, which can be accessed via this URL: https://www.canburyhomes.co.uk/
You: a person or entity that is registered with Canbury Homes to use the Services.

Restrictions

You agree not to, and you will not permit others to:

License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the platform available to any third party.
Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Canbury Homes or its affiliates, partners, suppliers or the licensors of the website.

The Properties

In accordance with the Property Misdescriptions Act (1991) and the Misrepresentation Act (1967) the details of the properties shown on this website have been prepared in good faith. They are not intended to constitute part of an offer or contract. No description or information given about the properties or their value, whether written or oral or not on this website (“Information”) may be relied upon as a statement of representation or fact. Neither Canbury Homes nor its agents have any authority to make representation and accordingly any Information is given entirely without responsibility on the part of Canbury Homes.

All of the photographs, stills and computer generated images shown are indicative and cannot be guaranteed to represent the complete interiors of the scheme. Any areas, measurements or distances given are approximate only. Do not scale from any of the drawings. Any reference to alterations to, or use of any part of the properties is not a statement that any necessary planning, building regulations or other consent has been obtained. These matters must be verified by any intending buyer/lessee. Any intending buyer/lessee must satisfy himself by inspection or otherwise as to the correctness of any information given.

The properties depicted on this website are built in a variety of different designs that have been illustrated by artists’ impressions, computer-generated (CGIs) and photographs.

Artists’ impressions and CGIs are drawn from an imaginary viewpoint within an open space area and are intended to give an impression of the design. The photographs are of existing buildings and or samples from manufacturer’s literature are intended to show typical buildings. Neither the artist’s impressions, nor the CGIs nor the photographs give an accurate description of a property, its settings or surroundings.

Floor Plans

The dimensions or areas shown on the internal layout plans are approximate. This is because each property is built individually and the precise internal measurements may not always be the same.

Your Consent

We've updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our website, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.

Links to Other Websites

This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by Canbury Homes. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

Changes To Our Terms & Conditions

You acknowledge and agree that Canbury Homes may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Canbury Homes’ sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Canbury Homes when you stop using the Service. You acknowledge and agree that if Canbury Homes disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.

If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.

Modifications to Our Website

Canbury Homes reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.

Updates to Our Website

Canbury Homes may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the website. You agree that Canbury Homes has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services").

You acknowledge and agree that Canbury Homes shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Canbury Homes does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Copyright Infringement Notice

If you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

Indemnification

You agree to indemnify and hold Canbury Homes and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Canbury Homes and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website.

To the maximum extent permitted by applicable law, in no event shall Canbury Homes or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if Canbury Homes or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by Canbury Homes on the Services, shall constitute the entire agreement between you and Canbury Homes concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Canbury Homes AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

Canbury Homes reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Canbury Homes.

Entire Agreement

The Agreement constitutes the entire agreement between you and Canbury Homes regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and Canbury Homes.

You may be subject to additional terms and conditions that apply when you use or purchase other Canbury Homes' services, which Canbury Homes will provide to you at the time of such use or purchase.

Updates to Our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

Intellectual Property

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Canbury Homes, its licensors or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Canbury Homes, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Canbury Homes concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Notice of Dispute

In the event of a dispute, you or Canbury Homes must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: info@canburyhomes.com. Canbury Homes will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Canbury Homes will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Canbury Homes may commence arbitration.

Binding Arbitration

If you and Canbury Homes don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Canbury Homes without any compensation or credit to you whatsoever. Canbury Homes and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Promotions

Canbury Homes may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.

Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Canbury Homes. Canbury Homes will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Canbury Homes operates and controls the Canbury Homes Service from its offices in United Kingdom. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Canbury Homes Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the Canbury Homes Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Canbury Homes concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

Disclaimer

Canbury Homes is not responsible for any content, code or any other imprecision.

Canbury Homes does not provide warranties or guarantees.

In no event shall Canbury Homes be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. Canbury Homes reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The Canbury Homes Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Canbury Homes is a distributor and not a publisher of the content supplied by third parties; as such, Canbury Homes exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Canbury Homes Service. Without limiting the foregoing, Canbury Homes specifically disclaims all warranties and representations in any content transmitted on or in connection with the Canbury Homes Service or on sites that may appear as links on the Canbury Homes Service, or in the products provided as a part of, or otherwise in connection with, the Canbury Homes Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Canbury Homes or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Canbury Homes does not warrant that the Canbury Homes Service will be uninterrupted, uncorrupted, timely, or error-free.

Contact Us

Do not hesitate to contact us if you have any questions.

Via Email: info@canburyhomes.co.uk

Telephone: +44 (0) 203 409 2009

Canbury Homes

Wickham House,

2 Upper Teddington Road,

Kingston Upon Thames,

United Kingdom,

KT1 4DY