Terms & conditions

Website terms and conditions of use

These terms (and any documents referred to in them) tell you the terms on which you may make use of the website under the domain name http://www.persimmonhomes.com/ (the Site).
Please read these terms carefully before using the Site. By using the Site you confirm your acceptance of these terms regardless of whether or not you choose to register with us. If you do not accept these terms, you should exit the Site immediately and refrain from using it.

1 Information about us

• 1.1 We are Persimmon plc. We are a company registered in England and Wales at Companies House.
• 1.2 Our registered office is at Persimmon House, Fulford, York Y019 4FE and our registered number is 1818486.
• 1.3 If you have any queries about the Site or any information contained on it, please contact us at Persimmon plc, Persimmon House, Fulford, York Y019 4FE or by email at datachanges@persimmonhomes.com or by telephone on 01904 642199.

2 Terms of use

• 2.1 The Site is offered as a free service to you. You may access most areas of the Site without registering your details with us, however certain areas of the Site are only open to you if you register.
• 2.2 You may register to become a member in accordance with the conditions set out below at Clause 7.
• 2.3 In the event that you breach these terms, your permission to use the Site terminates immediately and you must immediately destroy any downloaded or printed extracts from the Site.

3 Intellectual property rights

• 3.1 The Site is owned by Persimmon plc and any and all intellectual property rights in the Site including, but not limited to, copyright and database rights and any logos or trademarks (whether registered or unregistered) are owned by and remain the property of Persimmon plc (or its third party licensors as applicable) at all times.
• 3.2 Persimmon Homes and the Persimmon Homes crest are registered trade marks of Persimmon plc.
• 3.3 You are permitted to print off one copy and may download extracts of the content on the Site for your own personal use, and may draw the attention of others within your organisation to material posted on the Site, provided that:
  • 3.3.1 our status (and that of any identified contributors) as authors of material on the Site is always acknowledged;
  • 3.3.2 no documents or related graphics on the Site are modified in any way, this includes the removal of any copyright or other proprietary notices contained in the Site;
  • 3.3.3 no graphics on the Site are used separately from the corresponding text;
  • 3.3.4 you do not use any part of the content on the Site for commercial purposes without our prior written consent;
  • 3.3.5 you agree that you will not use any part of the Site to:
    • (a) commit or encourage any criminal offence;
    • (b) send or receive any material which is offensive, or which may be abusive, indecent, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights. In the event we believe any material falls within any or all of these categories we shall be entitled to remove it without notice;
    • (c) collect or store personal data about other users;
    • (d) insert or knowingly or recklessly transmit or distribute a virus, worm, Trojan horse, time bomb, trap door or any other computer code, files or programs or repetitive requests designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of or impair the functionality of the Site;
    • (e) hack into any aspect of the Site;
    • (f) circumvent, or attempt to seek to circumvent, any of the security safeguards of the Site;
    • (g) send any unsolicited advertising or other promotional material, commonly referred to as "spam", "junk mail", "chain letter", "pyramid schemes" or any other form of solicitation by email or by any other electronic means;
    • (h) send email or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facilities; or
    • (i) permit any third party to do any of the above.
• 3.4 Any rights not expressly granted in these terms are reserved.

4 Disclaimer

• 4.1 Nothing in these terms of use shall limit or exclude our liability for death or personal injury arising as a result of our negligence, for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
• 4.2 The content made available on the Site is intended for general information purposes only and is provided on an "as is" basis. It does not constitute advice or the making of any recommendation and the content on the Site should not be relied upon as the basis for any decision or action.
• 4.3 We exclude to the fullest extent permitted by law any and all liability for any direct, indirect or consequential loss or damage arising as a result of the access to and use of the Site or reliance on the content contained on it, including but not limited to:
  • 4.3.1 loss of business, or business information;
  • 4.3.2 business interruption;
  • 4.3.3 loss of profits;
  • 4.3.4 loss of anticipated savings;
  • 4.3.5 loss of contracts; or
  • 4.3.6 loss of data; regardless of whether any such loss or damage would arise in the ordinary course of events or otherwise or is reasonably foreseeable or is otherwise in the contemplation of the parties in connection with this Site.
• 4.4 We aim to ensure the Site is updated regularly. However, we are under no obligation to update the material contained on the Site and cannot guarantee that content will always be completely up to date. We have taken all reasonable care in preparing the information displayed on the Site and endeavour to ensure that information is accurate when it is placed on the Site by us. However, the content of the Site is subject to change and we make no warranties or representations as to its accuracy, or that your use of the Site will not infringe the rights of third parties or for any alleged or actual infringement of third party rights.
• 4.5 The use of information obtained from the Site is at your sole discretion and risk.
• 4.6 We take reasonable precautions to prevent viruses and malicious code on the Site, but you are responsible for ensuring that anything downloaded from the Site is suitable for use on your computer and is free from viruses and malicious code and we exclude to the fullest extent permitted by law any and all liability that may arise in connection with or as a result of any failure to do so.
• 4.7 We do not represent, warrant or undertake that the use of the Site will be uninterrupted or error free. We reserve the right to withdraw, amend, suspend access to or close all or any part of the Site temporarily or permanently without notice and we shall not have any liability for doing so.
• 4.8 Any transmission, downloading or sending of any information from the Site does not create any contractual relationship.
• 4.9 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.

5 Property information

• 5.1 Property particulars displayed on the Site are for illustration purposes only and constitute general guidance only. Property particulars on the Site are not a warranty, contract or part of a contract. You should take appropriate steps to verify any information upon which you wish to rely. To find out more information about a property, please contact us by either phoning the number listed against the relevant development on which the property is located, or by completing the "Request Call Back" form on the Site.
• 5.2 Photographs, plans, illustrations and computer generated images displayed on the Site are for illustration purposes only. Any areas, measurements and distances given are approximate only.
• 5.3 Any reference to alterations to, or use of, any part of the property does not mean that any necessary planning, building regulations or other consent has been obtained and you should take appropriate steps to verify any such information.
• 5.4 The VAT position relating to the property may change without notice.

6 Links

• 6.1 Links to third party websites on the Site are provided solely for your convenience and service. If you choose to use a hypertext link then you will leave the Site. Once you leave the Site, whether or not you realise that you are leaving, we are no longer in any way responsible for the material on the other website that you enter. We do not endorse or make any representations about these third party websites or any material found there. We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of damage caused by such external website material including without limitation any damage, costs, injury or financial loss.
• 6.2 Whilst we retain the right to establish any Hypertext Links* between the Site and any third party website at our discretion, you agree that you will not create any Hypertext Links or Deep Links** between the Site and any third party website without our express prior written consent. *Hypertext Links are a means by which visitors can skip from one website to another or from one page to another within the same website. **Deep Links are similar to Hypertext Links but they take visitors into the website bypassing the home page on the third party website.

7 Membership conditions

• 7.1 You may become a member in accordance with this Clause 7.
• 7.2 Membership will enable you to save, for subsequent retrieval and brochure production, those Properties and Developments that are of interest to you. Membership will also allow you to opt to receive news and offers from Persimmon plc.
• 7.3 In order to become a member you will have to register on the Site to obtain log-in details which will enable you to access the membership areas of the Site.
• 7.4 As a member you must treat your log-in details as confidential and must not disclose them to a third party. You must inform us immediately of any breach of this obligation.
• 7.5 We have the right to disable your membership at any time, if in our opinion you have failed to comply with these terms.

8 General

• 8.1 We reserve the right to change any part of the Site or these terms at any time without notice.
• 8.2 We may vary these terms from time to time. If we make substantial changes, we will notify you by electronic mail or by posting a prominent announcement on the Site.
• 8.3 Any personal details we collect from you will only be used by us in accordance with our Privacy Policy.
• 8.4 If any provision of these terms is deemed unlawful, void or for any other reason unenforceable then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

9 Jurisdiction

• 9.1 The Site is controlled and operated by Persimmon plc from the United Kingdom. We make no representations that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
• 9.2 These terms and your use of information or materials from this Site shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the courts of England and Wales, save that we may take action in any appropriate jurisdiction to protect our intellectual property rights.

March 2010