TERMS & CONDITIONS
Castle Estates (Glasgow) Limited (Herein referred to as Castle Estates) is a Company registered in Scotland, Company No SC203332. Registered Office: 14 Union Street Greenock PA16 8JJ
Castle Estates Website
Your use of the www.castle-estates.co website (Herein referred to as Castle Estates Website) and any service contained within constitutes acceptance of these Terms & Conditions. By using or accessing the Castle Estates Website (whether as a guest or a registered user) you confirm your agreement to these Terms and Conditions. Your use of this Castle Estates Website is at all times subject to these Terms and Conditions (which form a legally binding contract between Castle Estates and you) and all applicable laws. If you do not agree to these Terms and Conditions, do not use the Castle Estates website
Accessing the Castle Estates Website
Access to the Castle Estates site is permitted on a temporary basis and Castle Estates reserves the right to withdraw or amend the service they provide on their site without notice (see below). Castle Estates will not be liable if for any reason their site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Castle Estates Website, or the entire Castle Estates Website, to users who have registered with Castle Estates.
If you 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, and you must not disclose it to any third party. Castle Estates has the right to disable any user identification code or password, whether chosen by you or allocated by Castle Estates, at any time, if in the opinion of Castle Estates you have failed to comply with any of the provisions of these Terms & Conditions.
In order to register on the Castle Estates Website you must be over 18 years old and provide your own valid email address and all other information requested in the registration process.
- You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
- As a customer you are responsible for your customer account and actions taken within it.
- If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform Castle Estates immediately.
- The Castle Estates Website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.
- You are responsible for making all arrangements necessary for you to have access to the Castle Estates Website. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
You may use our site only for lawful purposes.
You may not use the Castle Estates Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- Not to reproduce, duplicate copy or re-sell any part of our site in contravention of the provisions of our Terms & Conditions.
- Not to access without authority, interfere with, damage or disrupt: any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
These content standards apply to any and all material which you contribute to the Castle Estates Website (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- Make any unauthorised, false or fraudulent advertisement.
- Use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Castle Estates Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means
- Deface, alter or interfere with the front end look and feel of Castle Estates Website or the underlying software code
- Use any robot, spider, scraper or other automated means to access this Website for any purpose or use any robot, spider, scraper or other automated means or any manual process to monitor, copy or extract any material on the Castle Estates Website without the prior written consent of Castle Estates
- Violate the restrictions in any robot exclusion headers on the Castle Estates Website or bypass or circumvent other measures employed to prevent or limit access to this Website
- Carry out any “caching”, “framing” or “mirroring” of any material on the Castle Estates Website
- Take any action that imposes an unreasonable or disproportionately large load on the Castle Estates Website or related infrastructure
- Obtain or attempt to obtain unauthorised access, via whatever means, to any of our networks
- In the case of Landlords advertising on our site, use the site to promote any other property or service other than that represented in the specific advertisement or listing for which you have paid
When you give Castle Estates content, you grant Castle Estates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers), licence to use, display, distribute and reproduce such content in whole or in part in any media, including via our Partners’ Websites as set out below. (Castle Estates need these rights to host and display your content.)
You warrant that all content (including, but not limited to, photographs) provided by you is accurate and does not infringe the rights of any third party and you shall indemnify us and keep Castle Estates indemnified against any claim against us by any third party in relation to any such infringement
Suspension and Termination
Castle Estates will determine, in our discretion, whether there has been a breach of their Terms & Conditions through your use of their site. When a breach of this policy has occurred, we may take such action as they deem appropriate.
Failure to comply with the Terms & Conditions, upon which you are permitted to use the Castle Estates Website, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
Castle Estates excludes liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Intellectual Property Rights
Castle Estates is the owner or the licensee of all intellectual property rights in their site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
The site contains material, comments and information submitted and created by third parties. They are not intended to amount to advice on which reliance should be placed. Castle Estates therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Castle Estates Website, or by anyone who may be informed of any of its contents.
Castle Estates does not endorse commentary and other materials posted on our site. It is not necessarily reviewed by us prior to posting and does not necessarily reflect our opinions or policies.
Castle Estates aims to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude: All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of the of the Castle Estates Website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Castle Estates exclude all liability for any illegality arising from or error, omission or inaccuracy in material posted on our site and whilst efforts are made to provide accurate information Castle Estates takes no responsibility for such material. Castle Estates makes no warranties, express or implied, as to the content or to the accuracy and reliability of the material or any content or information that you transmit to other uses of the Castle Estates Website. Castle Estates are not responsible for the conduct, whether online or offline, of any user of our site.
- Castle Estates is not responsible for the content; accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Castle Estates.
- Inclusion of any linked website on Castle Estates Website and the services does not imply approval or endorsement of the linked website by Castle Estates
- When you access these third-party sites, you do so at your own risk.
- Castle Estates takes no responsibility for third party advertisements which are posted on the Castle Estates Website or through the services, nor does it take any responsibility for the goods or services provided by its advertisers.
- Castle Estates is not responsible for the conduct, whether online or offline, of any user of the Castle Estates Website or its Online Services and Management Resources.
- Castle Estates assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user communication or any content.
- Castle Estates is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the website or the services.
- Under no circumstances shall Castle Estates be responsible for any loss or damage resulting from use of the Castle Estates Website or the services, attendance at an event organised through the Castle Estates Website or its Online Services and Management Resources, from any content posted on or through the Castle Estates Website or its Online Services and Management Resources, or from the conduct of any users of the website or the services, whether online or offline.
- The services are provided as seen or available and Castle Estates make no representations or warranties of any kind as to the Castle Estates Website, the Services or the content.
- In particular Castle Estates expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
- Castle Estates cannot guarantee and does not promise any specific results from use of the Castle Estates Website and the services. Nothing in these Terms & Agreement shall be construed as limiting or excluding Castle Estates liability for death or personal injury caused by its negligence.
Uploading Material to Castle Estates Website
Whenever you make use of a feature that allows you to upload material to the Castle Estates Website, or to make contact with other users of the Castle Estates Website, you must comply with the content standards set out in Castle Estates Terms & Conditions. You warrant that any such contribution does comply with those standards, and you indemnify Castle Estates for any breach of that warranty.
Any material you upload to the Castle Estates Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. Castle Estates also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Castle Estates Website constitutes a violation of their intellectual property rights, or of their right to privacy.
Castle Estates will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Castle Estates Website.
Castle Estates are under no obligation to publish any material or posting you make on the Castle Estates Website and Castle Estates has the right to amend or remove any material or posting you make on the Castle Estates Website at Castle Estates sole discretion.
As part of the Castle Estates marketing program Castle Estates will send out newsletters and offers to Landlords or Tenants who have registered for on the site
In accepting the Castle Estates Terms and Conditions you the Landlord or Tenant agree to allow Castle Estates to send out via email or post marketing material promoting Castle Estates services and special offers offered by companies other than Castle Estates.
If a Landlord wishes to unsubscribe to the Castle Estates mailing list they may do so by clicking the unsubscribe link at the base of any promotional email or by email to firstname.lastname@example.org clearly stating that the Landlord wishes to be removed from the Castle Estates mailing list.
Viruses, Hacking and Other Offences
You must not misuse the Castle Estates Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Castle Estates will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Castle Estates Website will cease immediately.
Castle Estates will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Castle Estates Website or to your downloading of any material posted on it, or on any website linked to it.
Links from Our Site
Castle Estates are not responsible for the integrity of any links that are displayed within the Castle Estates Website and were our site contains links to other sites and resources provided by third parties, these links are provided for your information and use only. Castle Estates has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
When a tenant enquires about a property, we will automatically forward them the relevant landlord’s contact details. If the tenant gives their permission, we will forward their contact details to the Landlord.
Landlord and Tenant Insurance
Castle Estates is not regulated to:
- Give advice, recommendations or endorsements in respect of any insurance product
- Assist in the completion of proposal forms
- Collect, handle or receive any premiums
However you can to obtain your own online quotations from Castle Estates Insurance page.
You will require covering your buildings and contents and also consider, covering legal costs and rental income. Policies can be arranged through companies acknowledged as market leaders in providing these specialist policies.
You should exercise caution in assuming that an existing policy will continue unaffected by rental activity, whether these are policies linked by virtue of a lender’s block policy cover or separate policies. In particular you accept that simply because consent to a letting has been granted by a lender that any cover affected through that lender will not necessarily continue as before
The Terms & Conditions and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the law of Scotland, although Castle Estates retains the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
The parties irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms & Conditions or their subject matter.
Your statutory rights are unaffected
Any variation to the Terms & Conditions, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by both parties.
You may only use the Castle Estates Website or its Online Services and Management Resources in accordance with these Terms and Conditions and, in any event, only for lawful and proper purposes. It is your responsibility to comply with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing the Castle Estates Website or its Online Services and Management Resources.
Assignation and Sub-contracting
Castle Estates may at any time assign, transfer, charge, subcontract or otherwise deal in any other manner with all or any of its rights or obligations under the Terms & Conditions without a requirement of prior notice to the Landlord.
The Landlord may not assign, transfer, charge, subcontract or otherwise deal in any other manner with all or any of its rights or obligations under the Terms & Conditions without the prior written consent of Castle Estates.
No failure or delay by either party in exercising any right or remedy under the Terms & Conditions shall operate as a waiver of such right or remedy nor shall any single or partial exercise or waiver of any such right or remedy preclude its further exercise or the exercise of any other right or remedy.
The invalidity, unenforceability or illegality of any provision (or part of a provision) of the Terms & Conditions under the laws of any jurisdiction shall not affect the validity, enforceability or legality of the other provisions.
If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification as is necessary to give effect to the commercial intention of the parties.
Any notice required to be given under the Terms & Conditions will be served personally or by transmission by courier addressed to the relevant party as specified below. Any notice so given will be deemed to have been served if personally delivered when left at the address referred to in the clause, or if transmitted by courier, on the day and at the time that the relevant delivery receipt is signed by or on behalf of the relevant party. In proving service it will be sufficient to produce a copy of the notice properly addressed with (if applicable) the receipt for delivery to relevant courier. Additionally Castle Estates may serve notices upon the Landlord by email, which shall be deemed received upon the date and at the time a successful routing report is generated.
Notices to Castle Estates shall be addressed to Castle Estates (Glasgow) Ltd at its registered office or at such other address as it may have intimated to the Landlord for this purpose. Notices to the Landlord shall be addressed to the Landlord at any address they may have intimated in writing to Castle Estates for this purpose. For the purposes of notice to the Landlord delivered by email, Castle Estates may utilise any email address through which the Landlord communicates with Castle Estates the provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Reasonably Foreseeable Losses
Castle Estates will be liable for any losses incurred by you due to breaches of these Terms & Conditions by Castle Estates, where such losses were reasonably foreseeable at the time you registered on the Castle Estates Website.
All business, indirect or consequential losses not reasonably foreseeable at the time you registered on the Castle Estates Website is excluded.
Castle Estates does not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers.
Any duty, in relation to a misrepresentation, or otherwise, for any Consequential Loss, for the purposes of the Terms & Conditions:
- pure economic loss
- loss incurred by any client of the Landlord or other third party
- loss of profits (whether categorised as direct or indirect)
- loss arising from business interruption
- loss of business revenue, goodwill, anticipated savings
- loss occurring outwith the normal course of business
- wasted management or staff time
- the loss of, or corruption of data
Castle Estates total liability (whether in contract, delict, or otherwise) under or in connection with the Terms & Conditions shall not exceed a sum equal to the total Fees (excluding any VAT) actually paid by the Landlord to Castle Estates during the preceding twelve (12) month period or, if the Landlord has registered on the Castle Estates Website for less than twelve (12) months, such shorter period, as applicable.
- The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other.
- Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Castle Estates will endeavour to respond to all customer complaints or queries in accordance with our Complaints Procedure