IN PARTICULAR, YOUR ATTENTION IS DRAWN TO CLAUSE 6 (WARRANTY) AND CLAUSE 7 (LIABILITY).

INTRODUCTION

1.1 "We" are ShackWizard.com and ShackWizard.co.uk a trading division of UK registered company Architecture & Design Limited (company number 2204678) and our registered office address is 12 Perches Close, Membland Newton Ferrers, Plymouth UK PL8 1HZ. We can also be contacted by email. Our VAT number is [GB 434 3348 62].

1.2 These terms and conditions are deemed to include our privacy policy and are collectively known as "these Terms".

1.3 When you use this Site, you agree to be bound by these terms and conditions. If you do not agree to be bound by these Terms, you may not use this Site.

1.4 Certain uses of this Site are prohibited and constitute misuse of our systems and the Site. Please refer to clause 3.

1.5 You may print and keep a copy of these Terms. They are a legal agreement between us and can only be modified with our consent. We may change these Terms at our discretion by changing them on the Site. The then current version of these Terms will apply whenever you use this Site.

1.6 All references to shackwizard.com apply equally to shackwizard.co.uk

INTELLECTUAL PROPERTY

2.1 The copyright and all other intellectual property rights in this Site (including all database rights, trade marks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). Subject to clause 3, you may download material from this Site for the sole purpose of using this Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.

2.2 Without limitation to clause 2.1, the ShackWizard logo is to be regarded as our registered trademark. You may not use or copy it without prior written consent.

2.3 This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties, express or implied including representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.

2.4 The details of the properties available on this Site are provided for your information only. We cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. They do not constitute any part of a contract.

YOUR OBLIGATIONS AND CONDUCT

3.1 You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this Site and that your computer system is compatible with this Site.

3.2 You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the following:

3.3 You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site, or to search, display or obtain links to any part of this Site, other than the home page at www.shackwizard.com, unless the automated program identifies itself uniquely in the User Agent field and is fully compliant with the Robots Exclusion Protocol (a "Permitted Program"). Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.

3.4 You must not include links to this Site in any other website without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other website any “deep link” to any page on this Site other than the home page at www.shackwizard.com without our prior written consent.

REGISTRATION

4.1 To receive details of properties on this Site, you must submit a completed registration form to us. At our discretion, we may refuse your application for registration. If we accept your application for registration, we will confirm this by sending you an email.

4.2 Each registration is for a single user only in the case of private individuals who must not share the username and password with any other person. Agency registrants may only share their username within their own organisation.

4.3 You undertake that all information provided by you for the purposes of registering with us is accurate and complete.

4.4 You accept sole responsibility for all use of and for keeping secret any account information and password that may have been given to you or chosen by you for use on this Site. You will notify us immediately of any unauthorised use of them or any other breach of security of this Site of which you become aware.

BARRING FROM THE SITE

5.1 We reserve the right to bar users from this Site, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.

WARRANTY

6.1 Whilst we endeavour to ensure that any material available for download from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.

6.2 Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.

6.3 The information provided on this Site is for general interest only and does not constitute specific advice. Whilst we endeavour to ensure that the information on the Site is accurate, complete and up-to-date we make no warranties or representations that this is the case.

6.4 We make no warranty or guarantee that the Site or information available from it complies with laws other than those of England.

LIABILITY

7.1 Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.

7.2 Subject to clause 7.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.

7.3 Subject to clause 7.1, we do not accept any liability for loss of your password or account information caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.

7.4 We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this Site. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. Subject to clause 7.1, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Site.

7.5 Subject to clause 7.1, we accept no liability for any loss suffered as a result of your use of this Site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.

7.6 Subject to clauses 7.1 to 7.4 inclusive, we shall not be liable to you for any indirect, consequential, special or punitive loss, damage, costs and expenses, loss of profit, loss of business, loss of reputation, depletion of goodwill, or loss of, damage to or corruption of data.

When you use the "contact" features on this Site to enquire about property, your details (including your email address) may be sent by email directly to the vendor or agent marketing the property or properties of which you are enquiring. We do not accept any liability for any subsequent communications that you receive directly from that vendor or agent.

LEGAL JURISDICTION

8.1 English law shall apply to these Terms. You irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the English courts.

8.2 All formal notices, proceedings claims and the like are to be served by recorded, registered or other “signed for” mail service to the registered office. Email will be deemed unacceptable for this purpose.

NOTICES

9.1 All notices other than those referred to in clause 8.2 shall be given:

9.1.1 to us, by email or by post to Shackwizard.com Our address is 12 Perches Close,Membland Newton Ferrers, Plymouth UK PL8 1HZ;

9.1.2 to you, by email to the email address that you provide to us at the point of your registration, as may be amended by you on the Control Panel section of this Site from time to time.

9.1.3 All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received 3 working days after the date of posting.

CUSTOMER FEEDBACK

10.1 We operate a system to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please email us. We aim to acknowledge all customer feedback.

GENERAL

11.1 We may from to time to time change the content of this Site, incorporate test data or suspend or discontinue any aspect of this Site, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new content to this Site will be subject to these Terms.

11.2 These Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.