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WEBSITE TERMS OF USE

Use of this website (the “Site”) is strictly subject to these Terms of Use. By using the Site you accept these Terms of Use and agree to abide by them. The Site is operated by Elysian Residences Limited (company number 08513948) whose registered office is at 42 Bruton Place, London, W1J 6PA, United Kingdom (“Elysian Residences”, “we” or “us”).

We reserve the right in our sole discretion to amend or otherwise update these Terms of Use at any time without notice. Your continued use of the Site shall mean you agree to be bound by these Terms of Use as amended or otherwise updated.

Access to the website

1.

The permission granted to you to use this Site is conditional upon you complying at all times with these terms, our Privacy Policy and our Cookie Policy (“Terms of Use”). By accessing and using the Site including any feature, function, content or service provided on or through the Site (“Service”), you, and any person, company or other entity on whose behalf you are accessing our Site and Services, agree to our Terms of Use regardless of whether or not you choose to register with us. Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend any Service we provide on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.

Intellectual property

2.

All materials on the Site and all intellectual property rights in the Site are owned, licensed to and/or controlled by Elysian Residences and its licensors. All material on the Site is protected by copyright. Permission is granted only to electronically copy and/or print in hard copy portions of the Site for personal, non-commercial purposes. Any other use of the materials on the Site (including but not limited to making such material available on any other website, online service, social networking site or networked computer environment) is strictly prohibited unless otherwise expressly agreed by us.

3.

All trade marks, service marks, trade names, branding and logos on the Site identifying Elysian Residences, its licensors and/or their products and services are subject to copyright, design rights and trade marks owned by Elysian Residences and/or its licensors. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trade mark, design right or copyright of Elysian Residences or its licensors. Please note that Elysian Residences will always seek to protect and enforce its intellectual property rights to the fullest extent permitted by law.

4.

If you print off, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you rnust, at our option, return or destroy any copies of the materials you have made.

Links

5.

The Site may include links to other websites that may be of interest to you. We do not endorse or approve and have no responsibility for the content of any website to which the Site links including but not limited to any advertising, marketing, promotions, products or services available from such websites, nor for any loss caused by the use of or reliance on the content of such external websites.

6.

No authority is given (expressly or implied) by us or the contributors to the Site to deep link to or to frame any of the content that appears on the Site or to use any representation of any of the trade marks, service marks, trade names, branding or logos that appear on the Site. Linking to the Site is permitted with our prior approval.

Disclaimer

7.

Although Elysian Residences has taken reasonable precautions and care in compiling the Site, we do not make any representations or warranties of any kind (expressly or implied) with respect to the content or operation of the Site and any such representations and warranties are excluded by this notice. We do not warrant that use of the Site will be uninterrupted or error free.

8.

You use the Site and the materials contained in it entirely at your own risk. Elysian Residences does not accept any liability for losses or damages, whether direct or indirect, that you may suffer as a result of your use of the Site or your reliance on the content of the Site including but not limited to computer service or system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorised use of the system arising from “hacking” or otherwise.

9.

The Site is made available on the basis that all liability whatsoever for any loss or damage arising out of or in connection with your use of the Site, or reliance on the content of the Site, is excluded by us to the fullest extent permitted by law.

10.

The information contained in this Site provides a general overview of Elysian Residences. It is not meant to be a complete review of all matters concerning Elysian Residences or its properties or services and nor is it intended to constitute advice on which you should rely. Elysian Residences makes no representations nor provides any warranty as to the accuracy, currency, or completeness of such information. You are strongly recommended to seek appropriate professional advice before taking, or refraining from taking, any action based on the Services or content of the Site.

11.

The availability of any particular property or type of property (including a property of any particular layout, design or other features), including any property featured or referred to on the Site, is not guaranteed and both availability and other aspects relevant to a property such as its price and specifications are subject to change. If there is any particular aspect of a property about which you would like further information, please discuss this with us. No Service or content or any other aspect of the Site shall constitute an offer to contract.

12.

All photographs, drawings, computer-generated graphics, and artists impressions are for illustrative purposes only and may vary from the property or type of property described. Any dimensions, areas and other measurements stated are provided as a guide only and are approximations which may vary for particular properties.

13.

Any typographical, clerical or other error or omission in any page posted on the Site shall be subject to correction or deletion (as appropriate) without any liability on our part. We aim to update the Site regularly and may change the content at any time. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. The information on the Site is based on sources believed to be reliable, however, no assurances can be provided to the user that the information is up to date, accurate or complete.

Compliance with applicable laws

14.

You agree not to use the Site (or any part of it) for any illegal purpose and agree to use it in accordance with all applicable laws. You agree not to upload or transmit through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. You will not upload or transmit through the Site any material that is defamatory, offensive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety. You will not use the Site in any manner that violates or infringes the rights of any person or company (including but not limited to rights of intellectual property, rights of confidentiality or rights of privacy). You agree that violation of any of these obligations may result in us terminating your access to the Site.

Indemnity

15.

You agree to indemnity, defend and hold Elysian Residences, its licensors, affiliates, officers, agents and other partners and employees harmless from any and all loss, liability, claim or demand made by a third party due to or arising out of your use of the Site. Elysian Residences reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with Elysian Residences’ defence of such claim.

User Names And Passwords

16.

If you are requested to choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

17.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

Limitation of Liability

18.

By accepting these Terms of Use, you expressly acknowledge, understand and agree that you access and use this Site at your own sole risk and that your use of the Site is on an “as is” basis and as and when available. All warranties, conditions and representations, express or implied, including but not limited to, title, non-infringement, merchantability, quality, and fitness for purpose are hereby disclaimed to the fullest extent permitted by applicable law.

19.

Neither we nor any of our subsidiaries, affiliates, employees, agents, sellers, third-party content providers or licensors, or any of their officers, directors, employees or agents, shall be liable for any indirect, consequential, special, incidental, or punitive losses or damages which may arise out of or in connection with the use of the Site or the use of or reliance upon any of its content.

20.

Our total aggregate liability in respect of causes of action that arise, whether in tort (including negligence), breach of contract or otherwise out of or in connection with the use of the Site or the use of or reliance upon any of its content or other information shall not exceed £500, save to the extent that any person suffers death or personal injury as a result of our negligence, or such liability arises as a result of our fraudulent misrepresentation, or otherwise if and to the extent that any such liability may not be lawfully excluded or limited.

Contact

21.

Questions, comments and requests regarding these Terms of Use are welcomed and should be addressed to:

Elysian Residences
Attn: Gavin Stein,
42 Bruton Place,
London W1J 6PA
United Kingdom

Or sent by email to info@elysianresidences.com

If you have a complaint or serious concern about our Site or any of our services please use the email above. Please understand that reporting a concern as to Site content does not guarantee that it will be removed from the Site.

General

22.

Any personal data which is collected or stored by us, including arising out of or in relation to your use of the Site shall be subject to our Privacy Policy and our Cookies Policy and our Privacy Policy and our Cookies Policy are by this reference incorporated into and form part of these Terms of Use.

23.

We reserve the right to amend or vary these Terms of Use from time to time without notice to you by placing updated Terms of Use on the Site

24.

The Site is controlled, operated, and administered by us from our offices within the United Kingdom and we make no representation that any Site content is appropriate or available for use at any other location outside the United Kingdom, and access to the Site from territories where the contents or products or services available through the Site are illegal is prohibited. If you access the Site from a location outside the United Kingdom, you are responsible for compliance with all local laws.

25.

Should any dispute arise which is not be resolved directly between you and us, there are a number of government approved and EU listed certified alternative dispute resolution service providers, including ProMediate (UK) Limited (www.promediate.co.uk) and others which can be accessed here http:ec.europa.eu/odr; but we are not obliged to and do not agree to have our customers’ complaints handled by these providers.

26.

These Terms of Use are governed by and shall be construed in accordance with the laws of England and Wales, and any claim brought under these Terms of Use shall be subject to the exclusive jurisdiction of the courts of England and Wales, provided that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and if you are a resident of Scotland you may also bring proceedings in Scotland.