Terms and 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 The Berkeley Group plc (“Berkeley”) 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.
Accuracy of Information on our Site
This Site comprises marketing material produced by Berkeley in respect of properties built or in the process of being built by Berkeley’s group companies (“the Developments”). The Site is intended to assist prospective clients of Berkeley 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.
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. Berkeley 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.
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 Berkeley including properties previously sold by Berkeley 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.
Berkeley believes all information on the Site is up to date at the time it is posted. Berkeley 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 Berkeley, therefore, advise that you periodically visit this page to review the current Terms.
Whilst Berkeley 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. Berkeley excludes all liability for any errors or omissions in the content of the Site to the fullest extent permitted by law.
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 Berkeley 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.
Berkeley 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.
Linking to Third-Party Websites
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 Berkeley.
The Site and the information contained on it is provided on an ‘as-is’ basis and Berkeley 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.
Berkeley 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 Berkeley in connection with the Site.
Whilst Berkeley 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. Berkeley recommends that you take all appropriate safeguards prior to downloading information from the Site.
Berkeley excludes all implied warranties to the fullest extent permitted by English law.
For the avoidance of doubt, nothing in the Terms will exclude or limit the liability of Berkeley in respect of death or personal injury due to the negligence of fraud of Berkeley.
Intellectual Property and Copyright
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 Berkeley, its information providers or licensors. The Site is owned and operated by Berkeley. 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 Berkeley .
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.
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.
The Site complies with English law. If you are not based in the UK, then you are not authorised to use the Site and Berkeley will not be responsible for any loss or liability arising as a result of any such unauthorised access.
Changes to the Site
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.