Terms and Conditions
Introduction
Welcome to https://www.barnardmarcusauctions.co.uk (the "Site"). In these terms and conditions, the expressions "we", "us" or "our" means Sequence (UK) Limited and its subsidiaries and subsidiary undertakings from time to time (as those expressions are defined in sections 736 and 258 respectively of the Companies Act 1985 (as amended). The Site is owned and operated by Sequence (UK) Limited registered in England and Wales, company number 4268443. Registered at Cumbria House, 16-20 Hockliffe Street, Leighton Buzzard, Bedfordshire, LU7 1GN. VAT registration number 500 2481 05. The terms and conditions set out below constitute an agreement between you (the user) and us and set out the conditions upon which you may view the Site and access the information, products, material and services available on the Site. We reserve the right to alter the Site and any of the terms, conditions and provisions of the Site (whether contained in the Legal Notice, these Terms and Conditions of Use, the Privacy Policy or elsewhere), at any time. It is your responsibility (as the user) to visit the terms, conditions and provisions of the Site regularly and thoroughly.
English Law
The terms, conditions and provisions of the Site (including, without limitation, the Privacy Policy) shall be governed by and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English courts.
Invalidity
If any of the terms, conditions and provisions of the Site shall be unlawful, void or for any purpose unenforceable the particular term, condition or provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms, conditions or provisions.
Access to Site
Unless otherwise specified the information on the Site is directed solely at those who access the Site from the United Kingdom (of Great Britain and Northern Ireland) and at those who are residents of the United Kingdom (of Great Britain and Northern Ireland).
Content and Information
The description of the properties offered by us or our agents or content providers contained in the Site is for information purposes only. The information and descriptions contained herein are not intended to be complete descriptions of all the features. While we endeavour to ensure that the information and description are accurate and up-to-date we cannot guarantee this. Any reliance on the information contained in the Site is at your own risk. We disclaim all warranties (expressed or implied) as to the accuracy or completeness of the information or materials contained on or linked to from the Site. You should (where relevant) consult the hard copy particulars relating to the property in which you are interested. These particulars are available from the branch address shown.
Legal Exclusions and Limitations
While we take every care to ensure that the standard of the Site remains high and to maintain the continuity of the Site, the Internet is not a stable medium and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate the Site (or any particular part of it) or to provide the services offered on the Site. In addition, we make no representations or warranties about the accuracy, completeness, and freedom from viruses, availability, reliability or suitability for any purpose of the information and related graphics published on the Site (including all texts, advertisements, links or other items) which may contain technical inaccuracies and typographical errors. The Sale of Goods Act(s) and all other legislation from time to time that imply terms into contracts is/are expressly excluded from application to the Site and the services supplied in connection with it to the fullest extent permitted by law.
We and all content providers and contributors to the Site disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever whether arising in tort, contract, equity or otherwise and arising out of or in relation to or in connection with your access to or use of or inability to use the Site.
We are not providing any legal, accounting or any other professional advice or opinion on specific facts or matters and (other than in the case of fraudulent misrepresentations and representations expressly made in these terms and in our Privacy Policy) we exclude all representations and offer no warranties. Neither we nor any of our directors, officers, employees or agents will be liable for damages arising out of or in connection with the use of the Site or the information contained in it. This is a comprehensive limitation of liability that applies to all damage of any kind including (without limitation), compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of opportunity, loss of or damage to property and third party claims save that nothing in the terms, conditions and provisions of the Site shall exclude or restrict liability for death or personal injury resulting from our negligence or that of our directors, officers, employees or agents.
On the Site you may be offered various links to other sites which we hope you will be interested in and enjoy. We do not accept any responsibility for the content of those sites, the owners of which do not necessarily have any association, commercial or otherwise with us.
Nothing contained in the Site shall form a contract or part of a contract other than as expressly provided and other than the terms, conditions and provisions of the Site.
Where appropriate your statutory rights are not affected by these Terms and Conditions of Use.
We expressly do not accept responsibility for the content and information on the linked sites and we do not accept responsibility (without derogation from the above) for the views, sound recordings, video or other graphics expressed on the linked sites.
Copyright
All design, text, graphics, codes, files, links and the selection or arrangement therefore is copyright owned by or licensed to us or third parties associated in the presentation of the Site. Permission is granted to copy electronically and print in hard copy portions of the Site solely for the non-business related purpose of using the Site to seek information of the kind shown by the Site. Any other use of materials on the Site (including reproduction for purposes other than those noted above and alteration, modification, distribution or republication) without our prior written permission is strictly prohibited.
Trade Marks
Barnard Marcus Auctions, its contents and all Rights therein are owned by Sequence (UK) Limited, "Rights" means copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, anywhere in the world. You acknowledge that (i) Barnard Marcus Auctions is protected by Rights; (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, these Terms and applicable copyright, trademark and other laws govern your use of such Rights.
You may view, print, download or temporarily store extracts from Barnard Marcus Auctions for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any Barnard Marcus Auctions material or content from the site. You acknowledge that you will not acquire any Rights by downloading or otherwise using any Barnard Marcus Auctions content or materials.
Force Majeure
We shall not be liable to you for any breach of conditions of use or any failure to provide or delay in us providing our services through our Site resulting from any event or circumstance beyond our reasonable control including (without limitation) strikes, lock-outs and other industrial disputes, break-down of systems or network access, fire, explosion or accident failure of any third party telecommunications or service provider.
Rights of Third Parties
The Contracts (Rights of Third Parties) Act 1999 (hereafter the Act) shall not apply to any agreement between you and us governed by these terms and conditions and no rights or benefits expressly or impliedly conferred by any such agreement shall be enforceable under the Act against the parties to it by any other person or entity.
Amendments
We reserve the right to amend these Terms from time to time without notice to you. Please check the Terms periodically to see whether a change has been made to them. If you do not agree with any change in these Terms please discontinue further use. Your continued use of Barnard Marcus Auctions will signify your acceptance of any change in the Terms set out here.
From time to time Barnard Marcus Auctions may supplement these Terms with additional terms applying to specific content or events, such as x (“Additional Terms"). Any Additional Terms will be clearly placed on Barnard Marcus Auctions to be viewed in connection with the specific content or events. All Additional Terms will form part of these Terms. Barnard Marcus Auctions may modify or discontinue Barnard Marcus Auctions with or without notice to you and without liability to you or any third party.
Registration
When you register with us you are stating that you are eighteen [18] years of age or over. We do not allow persons who we know to be 17 years of age or younger to register with Barnard Marcus Auctions.
You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete and that you will ensure that this information is kept accurate and up-to-date at all times.
Your use of Barnard Marcus Auctions
Barnard Marcus Auctions may only be accessed manually. The use of automated agents, robots, or automated software, other than search engine spiders, to view the site is specifically forbidden. You may not attempt to build a copy of our data or reverse engineer our processes. Where address information is located on Barnard Marcus Auctions, in our details, code, reports, forms and search results, you may not use such information to contact any party.
You may use Barnard Marcus Auctions and any printed details/reports, for your own research, study or other uses that do not infringe upon the copyright of Barnard Marcus Auctions. You may not publish or reproduce any part of the data or work derived from the data without our specific written permission. Barnard Marcus Auctions may not be used to send chain letters, junk mail, 'spam', solicitations (commercial or non-commercial) or bulk communications of any kind. You must not use Barnard Marcus Auctions or any part of Sequence (UK) Limited in a way that might reasonably be expected to cause the same to be interrupted, damaged, rendered less efficient or which could in any way damage the operation of another's computer.
Breach of these terms of service may make you liable to civil legal action and or criminal prosecution.
Blogs and Forums
By submitting content, which shall include your member name, to any "public area" of Barnard Marcus Auctions, including message boards, forums and contests, you grant Sequence a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also permit any member to access, display, view, store and reproduce such content for personal use.
By submitting content, you also warrant that you are entitled and have all necessary rights to grant the licenses stated above. Subject to the foregoing, the owner of such content placed on Barnardmarcusauctions retains any and all Rights that may exist in such content.
Third Party Web Sites, Goods and Services
Barnard Marcus Auctions provides links to third party web sites that are not affiliated with Sequence (UK) Limited (although Sequence (UK) Limited branding, advertisements or links may appear on these sites). We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links or any goods or services available from such sites.
All matters concerning any goods and services that you purchase from a third party site, including, without limitation all contract terms are solely between you and the owner of that site and Sequence will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against Sequence (UK) Limited with respect to any such sites.
Subject to the terms of our Privacy Policy, Sequence (UK) Limited may, from time to time, send email messages to you containing advertisements or promotions including links to third parties. Sequence (UK) Limited makes no representation or warranty with respect to the quality, suitability, or functionality of any goods or services which may be obtained from third parties as a consequence of these e-mails, and you agree that Sequence (UK) Limited shall have no liability with respect thereto.
Users are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).
Termination and Remedies for breach of these terms by you
Sequence (UK) Limited will be entitled to restrict, suspend or terminate your membership or deny you access to Barnard Marcus Auctions or take such other action as Sequence (UK) Limited deems appropriate if Sequence (UK) Limited determines, in its sole discretion, that you are in breach any of the Terms or Sequence (UK) Limited considers in its sole discretion that your use of Barnard Marcus Auctions is inappropriate or otherwise unacceptable.
The restriction, suspension or termination of our service pursuant to this section will be without prejudice to any rights which Sequence (UK) Limited may have against you in respect of your breach of these Terms of Service.
Sequence (UK) Limited shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as Sequence in its sole discretion considers reasonably necessary or appropriate
Indemnification
You agree to indemnify and hold each of Sequence (UK) Limited, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of Barnard Marcus Auctions, the violation of these Terms of Service by you, or the infringement by you, or any other person, of your account, or of any intellectual property or other right of any other person or entity.
Privacy Policy
The Privacy Policy forms part of the terms, conditions and provisions of the Site and specifically forms part of these terms and conditions of use. Your use of or registration via the Site constitutes your acceptance of these terms and conditions and the Privacy Policy as amended from time to time.
Legal Notice Reminder
If you do not agree to these terms and conditions which are the conditions of use for the Site, you should immediately cease to use the Site. In your using the Site (or in your continuing to use the Site) you are consenting to the terms, conditions and provisions of the Site as amended from time to time. This website is owned and operated by Sequence (UK) Limited.