WEBSITE TERMS
Our standard website terms and conditions
Terms and Conditions
The following sets out our standard terms and conditions covering the use of our Website and provision of services available via our Website. Specific Survey Terms are sent upon application of Services.
To Contact Us
For any queries regarding the use of our Website or provision of our services, please contact us on 0151 737 2806 or via email at info@masonwrightassociates.co.uk or by post.
Our company details are:
Mason Wright Associates (a trading name of Mason Wright Associates LTD)
245 Woolton Road, Liverpool, Merseyside, L16 8NA
Main Contact: 0151 737 2806
Opening Hours: 8.30am-6.30pm Mon-Fri, Sat Appointment Only, Closed Sun.
Registered Office: 245 Woolton Road Liverpool Merseyside L16 8NA
Company Registration Number (Registered in England): 10089748
VAT Registration Number: 259 7340 72
Introduction
These Conditions as amended by us from time to time apply to the use of this Website and by accessing this Website and/or obtaining a quote and/or instructing a Service or Product you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these Conditions you may not use or access this Website and should not obtain a Quote or instruct any Service or Product offered by Mason Wright Associates.
Before you instruct a Service or Product through masonwrightassociates.co.uk, if you have any questions relating to these Conditions please contact our Client Service team by e-mail at info@masonwrightassociates.co.uk, or by calling us on 0151 737 2806 between 8.30am-5.00pm Mon-Fri. Closed Sat and Sun. Please note that all calls to masonwrightassociates.co.uk on 0151 737 2806 number are charged at the local rate when calling from a land line and standard charges from you mobile phone provider. Inbound and outbound calls may be recorded for quality monitoring and training purposes. Mason Wright Associates is concerned with the protection of your privacy and this applies to the handling of your data during and after your visit to our Website. Please see our Privacy Policy on maintaining your privacy and the safe handling of your data.
These Conditions, the Privacy Policy, and the relevant Quote (together the “Agreement”) shall govern the relationship between Mason Wright Associates and the Client for the provision of online and/or offline processing services which may include the provision of information or the provision of Quotes for Services. This Agreement does not include: (a) any other terms and conditions: (b) any oral or written quotation (other than the Quote); (c) any purchase order, acceptance or acknowledgement of an order by the Client; (d) any specification not set out in the Agreement; (e) any other document (whether or not referred to in the Agreement); or (f) any purported attempt by the Client to impose or incorporate its own terms and conditions; and the same shall be of no effect and not legally binding. If there is any inconsistency between these Conditions, the Privacy Policy, and/or the Quote, the documents shall have priority in the following order: (i) the Quote; (ii) these Conditions; and (iii) the Privacy Policy.
All descriptive matter, specifications, advertising and promotional material issued by Mason Wright Associates and any descriptions or illustrations contained in Mason Wright Associates’ websites or brochures or marketing literature are issued or published for the sole purpose of giving an approximate idea of the services and/or information about third parties described in them, and shall not form part of the Agreement. In this Agreement:· any terms in the singular shall include the plural and vice versa· any phrase introduced by the words “include”, “including”, “in particular”, “excluding” or the like shall be construed as illustrative and shall not limit the sense of the words preceding those terms;· any reference to a “Clause” means a clause of these Conditions;· any reference to a person shall be construed as a reference to any person, corporate entity, or any association or partnership (whether or not having separate legal personality) or one or more of the same;· the headings are included for convenience only and may not be used in construing or interpreting these Conditions.
Definitions
In these Conditions the following words and expressions shall have the following meanings when they start with capital letters: “Conditions” means these terms and conditions. “Service” means a service or product displayed for sale on the Website including but not limited to.. “Service Description” means that part of the Website where certain terms and conditions in respect of the individual Service is provided. “Instruction/s” means the placing of an order for a Service made available on the Website. “Users” means the users of the Website. “Personal Information” means the details provided by you on acquiring a quote or instructing a Service via our Website. “Website” means the website located at www.masonwrightassociates.co.uk or any subsequent URL which may correspond to or replace it. “United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands. “Client” means the person identified in a Quote who will be introduced to Mason Wright Associates. “Quote” means a written quotation supplied by Mason Wright Associates (in electronic format or via our Website or by email or in hard copy) to a Client setting out the Service requested by the Client and an indicative fee for the Services based on the information supplied to Mason Wright Associates by the Client. “Searches” means the third party enquiries made of third party authorities that include but are not limited to searches made of the local authority, Land Registry, company providing private or personal search services, water authorities etc. “Agreement” as defined in the Introduction.
General
Mason Wright Associates and MWA are trading names of Mason Wright Associates LTD. The Website is provided by Mason Wright Associates LTD referred to in these Conditions as “we” “us” and/or “our” and “you” or “your” shall mean the User and/or Client. If you are accessing or using this Website in your capacity as an employee, director, officer, partner or agent of a corporate or unincorporated entity “you” and “your” shall refer to you and such entity and you represent that you are authorised to accept these Conditions on behalf of such entity and agree to be personally bound by these Conditions.
Assignment and sub-contracting Mason Wright Associates may assign, sub-contract or otherwise transfer its rights and obligations under this Agreement to another person, and will always notify the Client in writing if this happens, but this will not affect the Client’s rights or obligations under this Agreement. These Conditions, the Agreement, all matters regarding the interpretation or enforcement of it (including non-contractual disputes or claims), and any other matters or disputes arising in connection with it or its subject matter, shall be governed by English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts (where the Client is a consumer) and the exclusive jurisdiction of the English courts (where the Client is not a consumer).
Use of the Website
You are provided with access to this Website in accordance with these Conditions and any instructions for a Service placed by you must be placed strictly in accordance with these Conditions. We cannot guarantee that this Website and the content contained herein will operate in accordance with your expectations or will be error free. If you are aware of any error on this Website please contact us by email at info@masonwrightassociates.co.uk and we will endeavour to correct it.
It is our policy to virus check documents and files before they are posted on this Website. However, we cannot guarantee that documents or files downloaded from this Website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using this Website. You must not post or provide to us via this Website, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to us via this Website.
You may only use this Website for lawful purposes. You must ensure that any document, file or other information that you intend to post to our Website or provide to us via this Website does not contravene any applicable laws or contravene any person’s legal rights and you must not post or upload anything indecent, obscene, abusive, libellous or defamatory. We do not monitor or edit documents or files posted or provided to us by other persons for posting on this Website and accordingly we do not accept any responsibility for any damage or loss you may suffer. We reserve the right to remove material from this Website that infringes these rules.
We do not guarantee uninterrupted and/or reliable access to the site and make no guarantees whatsoever as to its operation, functionality or otherwise.
Occasionally third parties may provide storage services to us. In those circumstances those third parties shall be required to enter into a confidentiality agreement on no less stringent terms than found in these Conditions and to process your data solely in accordance with our instructions.
Copyright protection, intellectual property and accuracy of the site’s content We are the owner or the licensee of all intellectual property rights and data in the site and in all the material published on it. These rights are protected by laws and treaties around the world including, without limitation, copyright, design rights, database rights and trademark laws. You do not have any rights to use the content of the site or such intellectual property or data except as expressly set out in these Conditions.
The information contained in our Website has been published in good faith and with the aim of ensuring its accuracy, but in some cases it may be incorrect, incomplete or out of date. If we become aware of any material inaccuracies in the information on the site we will use reasonable efforts to correct it.
Nothing in this Website or the documents available through it constitutes legal or surveying or other professional advice. You should not rely on any information contained in this Website as if it were legal or surveying or other professional advice.
Nothing in these Conditions limits our liability for death or personal injury arising from our negligence, nor our liability for fraud, fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
Mason Wright Associates is a trademark Mason Wright Associates LTD. Except where permitted by applicable law, these Conditions, or otherwise set out on the Website, you may not use such trademarks without our prior written permission.
Acceptable Use
You may use the Website only for lawful purposes. In particular you shall not;· monitor/access the Website or any of the Website’s content other than by using the Website’s navigational structure or for any purpose other than that expressly permitted in these Conditions;· do anything which places an unreasonably large load on the Website, or its supporting computer systems;· attempt to disrupt or interfere with the Website in anyway or with another person’s use of the Website (including monitoring any aspect of such use), or use the Website as a means of disrupting or interfering with other websites· crawl, scrape, probe, scan or test the vulnerability of the Website;· use or attempt to use any device to obtain personal data and/or information through the Website;· use the Website to receive, access or transmit material that promotes violence, is unauthorised, unlawful, inflammatory, obscene, sexually explicit, pornographic, defamatory, hateful, threatening, degrading, racist, deceptive, in breach of confidence or in breach of third party intellectual property rights (including, without limitation, copyright, trademarks and database rights) or otherwise objectionable or unlawful· promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;· be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;· harass, upset, embarrass, alarm or annoy any other person;· insert or knowingly or recklessly transmit or distribute a virus into our network and computer systems so as to cause harm to the Website, us or other users or which is likely to bring the Website or us into disrepute;· impersonate any person, or entity or misrepresent your affiliation with any person or entity;· promote any illegal activity;· breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;· assist, encourage or permit any other person to do any of the acts described above.· not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of these Conditions· not to access without authority, interfere with, damage or disrupt: others’ use of the Website; any part of the Website: any equipment or network on which the Website is stored; any software used in the provision of the Website; any equipment or network or software owned or used by any third party. All the above are forbidden regardless of the means used, including hacking or by the introduction of any worms, trojans, virus or other software. wilfully corrupt any data, documents or material available on the Website
Accuracy of information and Service Quotes
You acknowledges that a Quote provided by Mason Wright Associates is not an offer capable of acceptance.
You warrant that:· The Personal Information which you are required to provide when you obtain a Quote or make an Instruction as a Client is true, accurate, current and complete in all respects.· You understand that Mason Wright Associates provision of accurate Quotes, and performance of its obligations under this Agreement is dependent on the same.· You will notify us immediately of any changes to your Personal Information by contacting our Client Service team on 0151 737 2806.· If you provide information which is incomplete, inaccurate or out of date, you understand that:· any Quote provided by Mason Wright Associates may be inaccurate. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and or suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website.
Provision of Quotes
Where the Client requests a Quote either via our Website, by phone, by post, or by any other medium, Mason Wright Associates will use reasonable endeavours to identify one or more options. Quotes are valid for 7 calendar days from the date the quote was obtained. Quotes are only valid for properties in England and Wales.
Fees and payment
The Client will pay the agreed fee, any additional fees, any VAT and any agreed disbursements as per our terms of engagement. The Client will be liable for interest on any late payment at the rate of 8% p.a. above the Bank of England base rate current at the date of the relevant fee account.
Cancellation of Surveying Services
Please refer to Terms and Conditions of your Contract.
Once the survey has been carried out, the Client cannot cancel the Service and will not be entitled to a refund thereafter, unless at the discretion of the director.
If the Client needs to change Personal Information or details relating to the survey including the type of survey and any other specific details the Client can do so up to 1 working day prior to the date of the survey. Please note that changing the type of Service may vary the cost.
We reserve the right to:· modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or· change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked Website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.