Important information about these Terms of Use

Thank you for accessing www.aspen-canarywharf.com (“Website“). Please read these terms and conditions (“Terms of Use“) before using the Website. These Terms of Use set out important information and conditions regarding your rights, obligations and the restrictions that may apply when you use our Website. Together with our Privacy Policy, these Terms of Use apply whenever you use the Website.

Any reference to “you” or “your“, means you as a customer of our products and/or as a user of our Website.  Any reference to “we“, “us“, “our” or “FEC” is to DRAKAR LIMITED.

We intend to rely on these Terms of Use and you shall be legally bound by them when you use and/or register on this Website. By accessing, browsing and using our Website, you agree to be legally bound by these Terms of Use. If you do not agree with any of our Terms of Use then you must not use our Website.

Changes to these Terms of Use

1.1 We may, at our absolute discretion, update and amend these Terms of Use from time to time. For example, to comply with changes in the law or to take account of changes to our Website. Any changes will be posted on this Website. You should read the latest version of the Terms of Use when you access the Website to ensure you are happy with any changes, because they are binding on you. If you have any questions about these Terms of Use, please contact us using the details in section 2.3 below.

Information About Us

2.1 This Website is operated by DRAKAR LIMITED (a company that is incorporated in the Isle of Man with registered number 127355C), whose registered office is at Clinch’s House, Lord Street, Douglas, IM99 1RZ, Isle of Man and trading address is at FEC House, 40 Furnival Street, London, EC4A 1JQ, England.

2.2 The VAT number for DRAKAR LIMITED is 004245032.

2.3 For all customer service enquiries, our email address is enquiries@fecil.uk or you can contact us by telephone on 020 3370 6804.

Ownership

3.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website are owned by FEC or its licensors. This material includes, but is not limited to, the design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright. All such rights are reserved.

3.2 Any trademarks that may be reproduced in this Website and which are not the property of, or licensed to us, are acknowledged as such on the Website.

Registration

4.1 You may be required to register your details to access some areas of the Website, including to obtain further information on developments that are of interest to you and / or any plot you purchase. You undertake to complete the registration form fully, and warrant that all information provided is up to date, true, accurate and complete. Our Privacy Policy includes details of how we use your personal information.

4.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person.

4.3 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. You must notify FEC promptly on becoming aware of any unauthorised use of your user identification code and password and any breach of security. 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 opinion you have failed to comply with any of the provisions of these Terms of Use.

Use of the Website

5.1 You may view, use, download and store the material on this Website for your own private, personal, non-commercial and research use only and on the condition that:

(a) no materials are modified in any way; and

(b) our copyright and trade mark notices appear in all copies and our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged in such copies.

5.2 The re-distribution, re-publication, or otherwise making available of the material on this Website to third parties without our prior written consent is prohibited. Commercial use is not permitted without obtaining a licence to do so from us or our licensors.

5.3 You must not use our Website in any way that causes, or may cause, damage or disruption to the Website itself, the materials and data it contains, or the computer systems that host it, nor in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

5.4 You must not:

5.4.1 use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, logic bombs, keystroke logger or other material which is malicious or technologically harmful;

5.4.2 do anything that may cause damage to the Website or our servers, systems or equipment or those of third parties, nor access any users’ data or penetrate or circumvent any Website security measures or attempt to do any such acts;

5.4.3 attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website; or

5.4.4 attack our Website via a denial-of-service attack or a distributed denial-of-service attack.

5.5 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent.

5.6 We 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 our Website or to your downloading of any material posted on it, or on any website linked to it.

5.7 You accept that you are able to stop using the Website at any time you wish to do so. We reserve the right to suspend, restrict or terminate your access to the Website or any part of it at any time at our sole discretion.

Disclaimers

6.1 The information in this Website is for general information only. It should not be relied on and does not constitute any form of advice or recommendation. It is subject to change without notice. Whilst we endeavour to ensure that the information on this Website is accurate and up to date, at any time the Website may contain material which is out of date and we are not responsible for any inaccuracies or omissions and give no guarantee as to its accuracy.

6.2 Whilst we try to ensure that this Website is functioning correctly, this may not always be achievable. We do not guarantee that this Website will be available all the time or at any specific time (e.g. if our computer systems used to provide the Website are under repair or maintenance or are otherwise unavailable, for reasons reasonably beyond our control, we may suspend or withdraw or restrict the availability of all or any part of the Website for other business and operational reasons). We will not be liable if for any reason our Website is unavailable at any time or for any period or if all or any part of the Website is discontinued, modified or changed in any way. From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.

6.3 We do not guarantee that this Website will be compatible with all or any hardware and software which you may use. You are responsible for making all arrangements necessary for you to have access to our Website.  You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use, and that they comply with them.

6.4 We endeavour to ensure that this Website is free from computer viruses and other harmful computer programs. However, we cannot guarantee this and you are advised to use appropriate firewall and anti-virus software to protect your computer and data prior to any Internet session as FEC do not accept any liability for any damage you may suffer as a result of destructive features associated with viruses or other malware from the Internet that may that may infect and / or damage your computer or data due to your use of the Website or, where permitted under these Terms of Use, your downloading of any material posted on it.

6.5 You understand that FEC uses third party vendors and hosting partners to provide the necessary hardware, software, networking and related technology required to run the Website and any service made available through it.

Linking

7.1 From time to time this Website may contain links to other websites. If you use these links, you leave this Website. We accept no responsibility or liability for the content or availability of other websites which are not under our strict control. It is your responsibility to check the legal terms and privacy policy on any other website which you visit. Any link is provided for your information only and is not intended to be, nor should be construed as, an endorsement of any kind by us of that other website. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

7.2 You may not create a link to this Website from another website or document without our prior written consent.

Liability

8.1 Subject to sections 8.3-8.4 below, we are only liable to you for losses which you suffer as a result of a breach by us of these Terms of Use or arising out of your statutory rights (including your rights to receive a reasonable standard of service) under applicable law.

8.2 For further information about your legal rights and how they may be affected by these Terms of Use, including this section on our liability to you, we advise you to contact your local Trading Standards Office or Citizens Advice Bureau.

8.3 Nothing in these Terms of Use exclude or limit liability for: (a) death or personal injury resulting from negligence; (b) fraud; (c) fraudulent misrepresentation; or (d) any liability which cannot be excluded or limited under applicable law.

8.4 If we fail to comply with these Terms of Use, we shall only be liable to you for any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. We will not be liable for losses that result from our failure to comply with these Terms of Use that fall into the following categories: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; or waste of management or office time. However, this will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded in the former categories.

8.5 Unless expressly stated otherwise, the material displayed on our Website is provided “as is” 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.

Privacy

9.1 For more information on the personal information that we may collect through this Website, how we may process that information, who we may share it with and your rights with regard to this data please review our separate Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

Termination

10.1 If you breach any of the terms in these Terms of Use, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

Waiver and Cumulative Remedies

11.1 The rights and remedies under these Terms of Use may be waived only by notice and in a manner that expressly states that a waiver is intended.  No waiver by FEC of any breach of any obligation arising under these Terms of Use shall constitute a waiver of any other breach and no failure to or delay in the exercise or partial exercise by FEC of any right or remedy shall constitute a waiver of the right subsequently to exercise that or any other right or remedy.

11.2 Rights and remedies under these Terms of Use are cumulative and do not exclude any rights or remedies provided by law, in equity or otherwise.

Severance

12.1 If any provision of these Terms of Use shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms of Use which shall remain in full force and effect.

Law and Jurisdiction

13.1 These Terms of Use shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the English courts. This Website is based in England and is intended for users in the United Kingdom. We make no representations that the Website and its content are suitable for users outside the United Kingdom, and if you choose to access the Website from outside of the United Kingdom you are solely responsible for ensuring compliance with all relevant local laws.