Terms of Use

Website Terms of Use – Flying Homes Limited

(1) Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

If you register with our website, we will ask you to agree to these terms of use expressly.

If you make an enquiry using our website enquiry form, we may pass the information you supply on to one or more of our business partner organisations, who may contact you directly. By using our website and agreeing to these terms of use, you consent to us passing on your information. See Section 4 for more information about the way we handle enquiries.

(1a). What information do we collect?

We collect information that you supply to us through our enquiry form or relating to the use of the form (including your name, your email address, your telephone number, your postal address, the date and time of your enquiry and any other information.

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

Our website uses cookies.  Using our website and agreeing to these terms of use, you consent to use cookies per the terms of our privacy policy/cookies policy.

 (2) Licence to use website

Unless otherwise stated, we or our licensors own the website’s intellectual property rights and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or sub-license material from the website;

(c) show any material from the website in public;

(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e) edit or otherwise modify any material on the website; or

(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

(3) Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including limitation scraping, data mining, data extraction and data harvesting) on or concerning our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

If we provide you with a user ID and password to access restricted areas of our website or other content or services, you must ensure that that user ID and password are kept confidential.  We may disable your user ID and password at our sole discretion without notice or explanation.

Using your personal information.

We will use the information you supply to us through our website enquiry form to find companies interested in supplying those products/services to you.  We will pass that information on to one or more of those companies to enable them to contact you directly. When a company first contacts you in this way, they should supply you with or enable you to access their privacy policy.  The company to which we have passed your information will become a “data controller” regarding your personal information comprised in the enquiry. This means, amongst other things, that they can determine the purposes for which they process your personal information.”

(4) Enquiries and leads

Our website includes an enquiry form that you can use to request information about or quotations concerning selling your house quickly in return for a reduced price.

We may provide the information you provide via this form to carefully selected partner organisations (referred to in this Section as a “supplier or suppliers”).

Telephone and email enquiries that you make using the details published on our website will be directed to or passed to a supplier.

You acknowledge that we will earn a fee regarding each lead that we provide to a supplier.

You acknowledge that we may earn a fee regarding each order you make with a supplier arising out of a lead that we provide to that supplier.

You further acknowledge that:

(a) we are not a party to any contract entered into between you and a supplier;

(b) we do not comprehensively vet suppliers;

(c) we do not check, audit, monitor or control the identity, creditworthiness or bona fides of suppliers; and

(d) our website contains information supplied by suppliers, and we are not able to guarantee the accuracy of that information,

Accordingly, we will not be liable to you concerning any loss or damage arising out of the actions of any supplier or your relationship with any supplier.

Furthermore, we are not responsible for enforcing any obligations arising out of a contract between you and a supplier. We will have no obligation to mediate between the parties to any such contract.

The provisions of Section 4 are subject to the first paragraph of Section 7.

(5) User-generated content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights.

You warrant and represent that your user content will comply with these terms of use.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your user content (and its publication on our website) must not:

(a) depict violence in an explicit, graphic or gratuitous manner;

(b) be pornographic [or sexually explicit;

(c) be untrue, false, inaccurate or misleading;

(d) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(e) constitute spam;

(f) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or

(g) cause annoyance, inconvenience or needless anxiety to any person.

Your user content must be appropriate, civil, tasteful, and accord with generally accepted etiquette standards and behaviour on the internet.

You must not use our website to link to any website or web page containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit any user content to the website or have ever been the subject of any threatened or actual legal proceedings or other similar complaints.

We reserve the right to edit or remove any material submitted to our website, stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use concerning user content, we do not monitor such content’s submission to or publish such content on our website.

(6) Limited warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the website material is kept up-to-date.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Security of your personal information

We will do so securely where we transfer the information that you supply to us through our enquiry form to another company. We keep such transfers secure by encrypting transferred data using SSL technology.

(7) Limitations and exclusions of liability

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

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or concerning the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you regarding any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you regarding any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you regarding any loss or corruption of any data, database or software.

We will not be liable to you regarding any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees.  Regarding that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use.  This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

(8) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(9) Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to the website;

(c) permanently prohibit you from accessing the website;

(d) block computers using your IP address from accessing the website;

(e) contact your internet services provider and request that they block your access to the website;

(f) bring court proceedings against you for breach of contract or otherwise;

[(g) suspend and/or delete your account with the website; and/or

[(h) delete and/or edit any or all of your user-generated content.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

(10) Trademarks

Flying Homes Ltd and our logo are trademarks belonging to us. We do not permit using these trademarks, and such use may constitute an infringement of our rights.

The other registered and unregistered trademarks or service marks on our website are their respective owners’ property. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights, and as such, we cannot grant any licence to exercise such rights.

(11) Variation

We may revise these terms of use from time-to-time.  Revised terms of use will apply to our website’s use from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.

(12) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(13) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(14) Exclusion of third party rights

These terms of use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights to these terms of use is not subject to any third party’s consent.

(15) Entire agreement

Together with our privacy policy, these terms of use constitute the entire agreement between you and us to your use of our website and supersede all previous agreements regarding your use of this website.

(16) Law and jurisdiction

These terms of use will be governed by and construed under English law, and any disputes relating to these terms of use will be subject to the [non-]exclusive jurisdiction of the courts of England and Wales.

(17) Registrations and authorisations

We have registered with The Information Commissioners Office.  You can find the online version of the register at https://ico.org.uk/.

Our VAT number is 123-0138-70

(18) Our details

The full name of our company is Flying Homes Limited

Our registered address is McLintocks, Summer Lane, Barnsley South Yorkshire S70 2NZ.

You can contact us by email at post@flyinghomes.co.uk, telephone 0800 669 6784.

(19) Telephone and email enquiries

Telephone and email enquiries that you make using the details published on our website will be directed to or passed to one or more of our business partner organisations.

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