Terms and Conditions
GEM Estate Management Limited endeavours to provide accurate information but disclaim all warranties with regard to the information contained on these pages. In no event or circumstance shall GEM Estate Management Limited be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this information. GEM Estate Management Limited checks the information contained in these pages for accuracy but recommends that professional and legal advice is taken before entering into any form of transaction or contract.
GEM Management is the trading name of GEM Estate Management Limited. All trademarks are the property of their respective owners.
Full Terms are as follows:
1. ACCEPTANCE OF TERMS
By registering on the site as a public member, you agree to these T&C. GEM Estate Management Limited (the Company) provides its service (the Service) to you, subject to the following Terms and Conditions (T&C) which may be updated by us from time to time without notice to you unless otherwise contractually obligated to do so. All such guidelines or rules are hereby incorporated into the T&C. The Company may also offer other services from time to time, upon which further T&C may be applied.
2. DESCRIPTION OF SERVICE
GEM Estate Management Limited is a managing agent for residential property in England and Wales. This website is provided as a means to promote our services, provide information about our managed sites to residents, and enable owners to view securely service charge statements and make online payments. Any new features that augment or enhance the current Service, including the release of new sites shall be subject to the T&C as posted on the site at that time. You understand and agree that the Service is provided AS IS and that the Company assumes no responsibility for the deletion or failure to store any data.
In order to use the Service, you must obtain access at your own cost to the internet, either directly or through devices that access web-based content, and pay any service fees associated with such access.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree : (a) to provide true, accurate, current and complete information about yourself as prompted by the Services registration (such information being the Registration Data) , (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) (c) that you are the legal owner of the property or that you have legal power of attorney on behalf of the property owner.
4. DATA PROTECTION & PRIVACY POLICY
Please note that your personal data will be stored and processed on our computers in the UK and that the Company will hold and transmit your information in a safe, confidential and secure environment. GEM Estate Management Limited will not sell or rent your personal data to third parties.
5. REGISTRATION AND PASSWORD
You are responsible for maintaining the confidentiality of your username and password. You shall be responsible for all uses of your account, whether or not authorised by you. You agree to immediately notify the Company of any unauthorised use of your username or password.
6. USER CONDUCT
The site contains information the Data to which the following conditions apply:
You may use and reproduce the Data for your private purposes or in the ordinary course of your business but you may not make any profit from the use of Data other than would be ordinarily made in the course of your business. You may not under any circumstances sell the Data nor may you make or sell any copy or reproduction of it or any substantial part of it. You may not make any modifications to the software and you may not use any means to decompile the software except as specifically provided by law and with the written permission of the Company and you may not attempt to decipher, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.
You understand that all information data, text, software, music, sound, photographs, graphics, video, messages or other materials (Content), whether publicity posted or privately transmitted, are the sole responsibility of the person from which the Content originated. This means that you, and not the Company, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service.
You agree that you will not:
(i) Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of anothers privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) Impersonate any person or entity, including, but not limited to, a GEM Estate Management Limited official, host, or falsely state or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(iii) Upload, post, email or otherwise transmit any Content that you do not have the right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(iv) Upload, post, email or otherwise any other form of solicitation, except in those areas that are designated for such purpose;
(v) Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue or otherwise act in a manner that negatively interferes with or disrupts the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations or networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.K. Securities and Exchange Commission, any rules of any national or other securities exchange, or collect or store personal data about other registered users.
(vi) Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from the Company on this website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, firefox).
(vii) You acknowledge and agree that the Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (b) enforce the T&C; (c) respond to claims that any Content violates the rights of the third-parties; or (d) protect the rights, property, or personal safety of, its registered users and the public.
(viii) You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. INDEMNITY
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the T&C, or your violation of any rights of a third party.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
9. MODIFICATIONS TO SERVICE
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that the Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason including, without limitation, lack of use or if it believes that you have violated or acted inconsistently with the T&C. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this T&C may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Service.
10. LINKS
The Service may provide, or third parties may provide, links to other websites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that The Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
11. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (?Software?) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws (except as expressly authorized by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.) The Company grants you a personal, non-transferable and non-exclusive right and license to use the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify except with the written authority of the Company the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
All rights, including copyrights, trademarks, service marks, patents and other proprietary rights for any software, bespoke or otherwise, developed by the Company remain the property of the Company, unless specifically agreed otherwise.
12. THE COMPANY’S LIABILITY
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the website or the Material. The use of the website and the Material is at your own risk. Changes are periodically made to the website and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any availability or material contained therein placed by you on the website.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
13. DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the T&C or other matters by displaying notices or links to notices to you generally on the Service.
15. WAIVER
Failure or neglect by the Company to enforce at any time any of the provisions of the T&C shall not be construed nor shall be deemed to be a waiver of the Companys rights under the T&C nor in any way affect the validity of the whole or any part of the T&C nor prejudice the Companys rights to take subsequent action.
16. SEVERABILITY
In the event that any of the terms, conditions or provisions of the T&C shall be determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
17. JURISDICTION
The laws of England shall govern the T&C and your use of the website and the parties hereby submit to the exclusive
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