Terms & Conditions

1. Agreement to Terms and Conditions

• 1.1 Acceptance of Terms and Conditions
  • 1.1.1 The website www.westonespace.com is owned and operated by Brendan Elwood T/A City Estates, Martin Elwood T/A Rutledge Investments, The Elwood Foundation, Elmsdale Estates Ltd, Rutledge (Neepsend Triangle) Ltd, Devonshire Green (Property Management) Ltd, Devonshire Green (Residential Investments) Ltd and Devonshire Green (Broomgrove Road) Ltd whose corporate brand is 'West. ONE'. References to "we", "us", “our" or "the website" are references to Brendan Elwood T/A City Estates, Martin Elwood T/A Rutledge Investments, The Elwood Foundation, Elmsdale Estates Ltd, Rutledge (Neepsend Triangle) Ltd, Devonshire Green (Property Management) Ltd, Devonshire Green (Residential Investments) Ltd and Devonshire Green (Broomgrove Road) Ltd. We are a company registered in England and Wales, and our address for correspondence is:

    Devonshire Green House, West.One, 14 Fitzwilliam Street, Sheffield. S1 4JL

  • 1.1.2 Your use of this website and is at all times subject to these Terms and Conditions as applicable to your use of the website and all applicable laws. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.
• 1.2 Changes to Terms and Conditions
  • 1.2.1 We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes.

2. Website Use Terms and Conditions

• 2.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website..
• 2.2 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
• 2.3 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In order to provide you with an easy-to-use service, we will place a 'cookie' (a small text file) on any computer you use to access the website. When you revisit the website, this cookie will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.

3. Copyright

• 3.1 Copyright
  • 3.1.1 This website and its content is copyright of Brendan Elwood T/A City Estates, Martin Elwood T/A Rutledge Investments, The Elwood Foundation, Elmsdale Estates Ltd, Rutledge (Neepsend Triangle) Ltd, Devonshire Green (Property Management) Ltd, Devonshire Green (Residential Investments) Ltd and Devonshire Green (Broomgrove Road) Ltd. All rights reserved.
• 3.2 Trademarks
  • 3.2.1 All trademarks, logos, images, product and company names displayed or referred to on this website are the property of their respective owners. Nothing on this website grants you any licence or right to use, alter or remove such material.
• 3.3 User Material
  • 3.3.1 In these Terms and Conditions, we use the term 'User Material' to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you register as a member or when you subsequently change that information.
  • 3.3.2 This section of our Terms and Conditions sets out the rights and obligations that you and we have in connection with User Material. If you review or submit User Material you are agreeing to do so on these Terms and Conditions. If you do not want to review or submit User Material on these terms, then you should not do so.
  • 3.3.3 We do not systematically review User Material submitted by users of this website. We are not responsible for the content of User Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.
  • 3.3.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of this website, particularly where User Material breaches this section of the Terms and Conditions and we may do this with or without giving you any prior notice.
  • 3.3.5 We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant us a non-exclusive, royalty-free, sub licensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media (including, but not limited to, our website and those websites which we operate by way of a 'white label' or 'co-branded' service for third parties).
  • 3.3.6 We may link User Material or parts of User Material to other material, including material submitted by other users of the website or created by us and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those in the website or to promote, market or advertise us. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.
  • 3.3.7 Each time you submit User Material to us, you represent and warrant to us as follows: (a) you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (including copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract; (b) your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive; does not encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law; and is not otherwise inappropriate; (c) your User Material does not advertise any product or service or solicit any business; (d) your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person's consent to being identified in exactly that way in your User Material; and (e) in submitting your User Material you are not impersonating any other person.
  • 3.3.8 Links to other websites - From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
    1. You may not create a link to this website from another website or document without our prior written consent.
    2. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
    Once you have used these links to leave our site we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by our privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
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  4. Joining Us

  • 4.1 We may refuse any application to join us or receive our services for any reason whatsoever. Please note that by supplying your details on joining us you grant us permission to contact you via phone, text or email regarding your account and any special offers or promotions that we may offer you from time to time.
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  5. Availability of Website

  • 5.1. Although we aim to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see contact details) and we will correct the fault as soon as we reasonably can.
  • 5.2. Your access to the West.ONE Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply.
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  6. Payments

  • 6.1 If your payment details change, your card provider may provide us with updated card details. We may use these new details for any future payments in order to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us on lettings@westonespace.com.
  • 6.2 Please note that should your account fall into arrears, we reserve the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a £10 handling charge for all such cases.
  • 6.3 You agree not to hold us responsible for banking charges incurred due to payments on your account.
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  7. Use

  • 7.1 All content and programming of our website is the property of Brendan Elwood T/A City Estates, Martin Elwood T/A Rutledge Investments, The Elwood Foundation, Elmsdale Estates Ltd, Rutledge (Neepsend Triangle) Ltd, Devonshire Green (Property Management) Ltd, Devonshire Green (Residential Investments) Ltd and Devonshire Green (Broomgrove Road) Ltd. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on our website without written permission from us.

  8 Cancellation

  • 8.1 You are entitled to cancel a payment where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for re-credit to your card.
  • 8.2 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these terms. If we terminate your use of our service as a result of a breach of any obligation under these terms, such termination would be immediate and without notice.
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  9. Promotion Codes

  • 9.1 Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present.
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  10. Disclaimer of Warranties and Limitations on Liability

  • 10.1 Nothing in this clause (10) or otherwise in these Terms and Conditions shall exclude or in any way limit our liability for;
    • i) Fraud
    • ii) Death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977
    • iii) Where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of defective products sold through the website
    • iv) Liability to the extent the same may not be excluded or limited as a matter of law
    Nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
  • 10.2 This website and its contents are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, interruptions, downloading of any content contained on the website, any costs, losses, expenses or damages arising from the use of the content provided on the website or any conduct by users of the website. Subject to clause 13.1, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
  • 10.3 Subject to clause 9.1, in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
  • 10.4 Subject to clause 9.1 our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the website, website content or our services shall not exceed in aggregate the greater of £1 and/or the total amount paid by you to us in respect of our services in the month preceding any such claim but, if you are a consumer, please note that this does not affect your statutory rights.
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  11. Applicable Law

  • 11.1 This website is controlled by Brendan Elwood T/A City Estates, Martin Elwood T/A Rutledge Investments, The Elwood Foundation, Elmsdale Estates Ltd, Rutledge (Neepsend Triangle) Ltd, Devonshire Green (Property Management) Ltd, Devonshire Green (Residential Investments) Ltd and Devonshire Green (Broomgrove Road) Ltd. Your use of our website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the English courts.
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  12. Assignment by Us

  • 12.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other party.
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  13. Force Majeure

  • 13.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
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  14. Third Party Rights

  • 14.1 Subject to clause 13.1, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
  • 14.2 In accordance with clause 1.2.1, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without consent of any third party.
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  15. Indemnity by you

  • 15.1 You agree to indemnify and hold us, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions or any violation by you of any applicable laws or the rights of any third party.
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  16. Website disclaimer

  • 16.1 The information contained in this website is for general information purposes only. The information is provided by us and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
  • 16.2 This website and its content are copyright of Brendan Elwood T/A City Estates, Martin Elwood T/A Rutledge Investments, The Elwood Foundation, Elmsdale Estates Ltd, Rutledge (Neepsend Triangle) Ltd, Devonshire Green (Property Management) Ltd, Devonshire Green (Residential Investments) Ltd and Devonshire Green (Broomgrove Road) Ltd
  • 16.3 This version last updated 26th April 2013
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