The Website is the property of Madison Leigh Property Group LTD, having its place of business at 282 Leigh Road, Leigh-on-Sea, SS9 1BW, United Kingdom and having company registration number 11843977
In this document, Madison Leigh Property Group Ltd may be referred to as “MLPG”. These Ts&Cs cover all aspects of the business of MLPG (“Business”) which includes any service that MLPG offers (“Service”) and the use of the website of MLPG (“Website”) (ml-propertygroup.co.uk) even if the user (“User”) is (by way of illustration, but not necessarily solely) simply browsing the Website.
MLPG is a company of estate agents, specialising in “Buy-To-Let” properties, predominately in the UK. For the avoidance of doubt, MLPG does not sell the property to the intending purchaser. MLPG has no agreement with the intending purchaser as MLPG is an agent for the seller, who is frequently the property developer (“Developer”). Essentially, MLPG acts as an introducer by establishing a contact between the intending purchaser and either the master agent (“Master Agent”) or the Developer, as the particular circumstance requires.
PLEASE NOTE: BY VISITING THE WEBSITE YOU CONSENT TO AND ARE BOUND BY THE FOLLOWING Ts&Cs. IN THE EVENT THAT THESE Ts&Cs AND / OR THE WEBSITE CONTAIN ANY ELEMENT TO WHICH THE USER IS UNWILLING TO GIVE THEIR AGREEMENT, THEN THE USER MUST IMMEDIATELY CEASE TO USE ANY SERVICE THAT MLPG OFFERS AND MUST IMMEDIATELY LEAVE THE WEBSITE.
By continuing to use the Website, the User is deemed to agree to MLPG’s cookie use. All data collected by MLPG is anonymous.
The following words shall have the following meaning in these Ts&Cs:
1.1 “Deposit” means the sum payable to either the developer or appointed Master Agent as a first instalment on the purchase of the Property (defined below) with the balance of the total purchase price being payable later at a contractually-nominated date.
1.2 “Intellectual Property” means all intellectual property, or “IP”, owned by MLPG and used in relation to the Service, which IP shall include, at least: current and past User lists, all copyright and related rights, trade marks, service marks, trade business and domain names, Website, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights (in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights) and all similar or equivalent rights or forms of protection in any part of the world; in the Agreement, Intellectual Property rights may be referred to as ‘Intellectual Property Rights’.
1.3 “Offer and Deposit Receipt” means [The deposited paid to reserve]
1.4 “Pre-Purchase Reservation Form” means [The form needed to complete the reservation].
1.5 “Property” means the property which the User contracts to purchase.
1.6 “Service” means any service provided by MLPG including (but not necessarily limited to) the Website.
1.7 “User” means anyone who uses the Website and / or any other Service of MLPG.
1.8 Words importing one gender shall be construed as importing any other gender.
1.9 Words importing the singular shall be construed as importing the plural and vice versa.
1.10 The clause headings do not form part of this Ts&Cs and shall not be taken into account in their construction or interpretation.
1.11 The Legal Notices, the Privacy Policy and Data Protection Statement and the Website’s Cookie Policy, at the end of these Ts&Cs, form part of these Ts&Cs.
2.1 The information in the Website does not constitute either an offer to sell, or a solicitation, or an offer to purchase in a country in which this type of offer or solicitation is unlawful, or in which a person making such an offer or solicitation does not hold the necessary authorisation so to do.
2.2 Furthermore, the information is not directed at investors in those cases where the law prohibits this type of offer or solicitation from being made.
2.3 Accordingly, persons accessing the information on the Website are responsible themselves for ascertaining the legal requirements, which would affect their acquisition of any investment, including any foreign exchange control requirements.
3.1 The information on the Website (including without limitation, photographs, illustrations, plans, dimensions, descriptions, tables, projections and prices) is for guidance only.
3.2 MLPG ensures that, to the best of its knowledge, the information on the Website is true and accurate, but MLPG accepts no liability for any errors or omissions in the information contained in the Website and accepts no liability in respect of the standing of any firms, companies, authorities or individuals, or the value or condition of any property referred to within the Website.
3.3 Following receipt of any information provided on the Website or via a Service, the onus remains on User to make decisions as to their own future action as regards property.
4.1 For the avoidance of doubt, MLPG is NOT providing financial advice, whether under the regulations and the requirements of the Financial Conduct Authority (“FCA”) or otherwise.
4.2 User is advised to seek appropriate financial, legal, tax and structural advice from suitably regulated, professional sources prior to purchasing any property or engaging in any project featured on the Website or otherwise referred to User by MLPG
4.3 If User has any financial queries or uncertainties, User should consider consulting an Independent Financial Advisor (“IFA”) who is regulated by the FCA.
5.1 MLPG makes no representations or warranties in respect of the accuracy, reliability of any of the information, content, software or advertisements contained on, distributed through, or linked, downloaded or accessed from the Website.
5.2 MLPG accepts no liability for any loss, damage or costs incurred by you in respect of any properties sold to / by a third party prior to any visit arranged for you by MLPG; so, prior to making any travel arrangements, you are advised to contact MLPG, whereupon MLPG may confirm to the best of its knowledge whether the property has been sold and / or the price has changed.
5.3 The price and availability of the properties are subject to change without notice.
5.4 What is stated in this clause 5 (as well as in any other clause excluding or restricting MLPG’s liability) will, in addition to applying to MLPG, apply to the directors and employees of MLPG and any third party performing work for or with MLPG.
5.5 Nothing in these Ts&Cs will exclude or limit MLPG’s liability for:
(a) negligence resulting in death or personal injury,
(b) fraudulent misrepresentation; or
(c) anything else which cannot legally be excluded or limited.
5.6 will have no liability for damage to User where such damage was caused by or contributed to by User.
5.7 User must give MLPG reasonable opportunity to regulate any matter for which MLPG is liable before User incurs costs in regulating the matter; in the event that User fails so to give MLPG such an opportunity, then MLPG shall not have any liability to User regarding the matter.
5.8 The liability of MLPG (including MLPG’s own negligence) regarding the Service shall, for any one event or for a series of related events, be limited to £1,000 (one thousand Pounds).
5.9 Subject to what is started above in this clause 5, in no event (including MLPG’s negligence) will MLPG have any liability for: economic losses (including without limit, loss of revenues, profits, business or anticipated savings); loss of reputation; special, consequential or indirect losses; and / or damage to or loss of data.
5.10 The essential elements of MLPG’s standard Disclaimer and Limitation on Liability are repeated below, forming part of these Ts&Cs and is to be construed in conjunction with what is stated above in this clause 5, as follows:
5.10.1. Any activity in which User may engage which is based upon the information provided on the Website and / or any reliance User may place on information otherwise provided by MLPG is strictly at USER’S own risk and is not a substitute for professional advice;
5.10.2 For the avoidance of doubt, USER remains solely responsible for the proper planning and execution of their property arrangements, to the exclusion of MLPG;
5.10.3 MLPG provides the information contained on the Website for general information purposes only and such information is given only ‘as is’.
5.10.4 MLPG makes no representations about and gives no warranties of any kind (express or implied) concerning the completeness, accuracy, reliability, current validity, or suitability of any information or material provided on the Website, or about the information, products, services, or related graphics contained on its Website, for any purpose; the images used on the Website are for illustrative and representational purposes, only.
5.10.5 Regarding the use by User, or by any other person or organisation, of the Website or of any other information MLPG provides, the following applies: MLPG EXCLUDES, To the maximum extent permitted by law, ALL LIABILITY (DIRECT OR INDIRECT) OF ANY KIND FOR ANY LOSS, OR DAMAGE, OR COSTS THAT MAY RESULT TO USER OR TO ANY THIRD PARTY OR ENTITY, whether arising out of or in connection with tort (including, without limitation, negligence) or contract, or otherwise, including direct, indirect or consequential damages, loss of data, income, opportunity, profit, or loss of or damage to property and / or claims of third parties.
5.11 User will indemnify MLPG (including MLPG’s directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to any breach by User of these Ts&Cs and / or to User’s use of any Service.
6.1 Where a property is advertised on the Website it is User’s responsibility to ensure that all titles (and, where appropriate, licences and planning permissions) are correct and in place before proceeding and to conduct all necessary surveys and due diligence.
6.2 SR accepts no liability for any damages, including without limitation, loss of deposits and/or monies arising out of or in connection with the negligence of agents, property owners and / or property developers.
7.1 The Pre-Purchase Reservation Form is prepared by the Master Agent and passed to MLPG; then it is presented by MLPG to the intending purchaser, for signature.
7.2 Signature of the Pre-Purchase Reservation Form by User serves as proof of User’s acceptance and intention to pay the Deposit.
8.1 By signing and returning the Offer and Deposit Receipt, User is deemed to have read and accepted these Ts&Cs.
8.2 Furthermore, User thus acknowledges that MLPG has advised him / her, so is fully aware and agrees that User’s Deposit is non-refundable and non-transferable.
9.1 MLPG is the exclusive owner of all our logos, advertising materials, databases and all other items of MLPG’s IP including MLPG’s IP’s contents and formats which are protected by the laws governing copyright and database rights, as may be amended / augmented from time to time.
9.2 For the avoidance of doubt, MLPG’s IP’s contents and formats include (but are not necessarily limited to) the following: MLPG’s trademarked company name, MLPG’s trademarked logos, our trademarked product names, MLPG’s photos, MLPG’s data, all items of content MLPG has created (whether accessible in the Website, or otherwise) and all the formats MLPG has created in the Website, or in any other fixed media.
9.3 It should be noted particularly that in the absence of prior, written consent having been given by MLPG, the following will apply: (i) no items of MLPG’s IP may be reproduced in whole or in part; (ii) no part of MLPG’s IP may be used for commercial or database purposes; (iii) no part of MLPG’s IP’s contents or formats may be stored in any form, whether in a public or private directory or any other system; and (iv) no part of the IP’s contents or formats belonging to MLPG may be distributed, whether by paper copy, email, other electronic methods, or by any other means.
9.4 MLPG takes the protection of its Intellectual Property very seriously and will assertively pursue any unauthorised use of it, including any part or parts of it.
10.1 MLPG maintains the strictest standards regarding protection of privacy and of personal information; confidential information will only be divulged if required by law; personal information which is in the public domain would not be classed as “confidential”, but it would still be our policy to safeguard such data.
10.2 All data collected through the Website remains confidential and shall not be used by anyone other than MLPG. You have the right to request exemption from marketing activities by emailing us at darren.hughes@ml-propertygroup.co.uk; you also have the right to access any data we hold about you.
10.3 SR will deal with all information it receives from User in accordance with the
provisions of the Data Protection Act1998 and of any alterations to it or replacement
of it, from time to time.
10.4 MLPG is registered with the UK Information Commissioner.
10.5 MLPG’s Privacy Policy provides details on how we store and use the data, which User
has given us.
10.6 User consents to MLPG’s holding personal information that MLPG collects in relation to
User and processing it in any form and transferring it (excluding sending by email)
but only for the purposes of providing any of MLPG’s Services.
10.7 Otherwise, MLPG will not disclose User’s confidential information unless required by
aw, a court of competent jurisdiction or any governmental or regulatory authority.
10.8 MLPG advises User most strongly not to transmit confidential information, including
personal data (bank account details, etc) by email as this is an inherently unsafe
transmission mechanism.
11.1 Within the Website, Users may find links or references to third party material and third party websites, but MLPG accepts no liability in respect of the contents of such material or sites.
11.2 MLPG should not be taken to be endorsing, publishing, permitting or authorising such third party websites or materials.
11.3 MLPG is not a party to, or responsible for, any transaction concerning goods or services available from such third party websites.
11.4 If User uses any MLPG or other party’s links to such third party websites, being links provided on the Website, User does so at their own risk.
12.1 MLPG strictly requires that any e-mail and any attachments sent to or by MLPG are for authorised use by the intended recipient(s) only.
12.2 Such email / attachment(s) may contain proprietary material, confidential information and/or be subject to legal privilege, so must not be copied, disclosed to, retained or used by, any other party.
12.3 If you are not an intended recipient, please promptly delete the e-mail and any attachment and all copies and inform the sender, accordingly.
12.4 No contracts or other formal orders may be concluded by e-mail unless they are backed up with a formal, signed reservation form or contract.
12.5 Please note that MLPG reserves the right to monitor e-mails sent or received by MLPG.
12.6 As the internet is an inherently unstable medium, no liability is accepted by MLPG for any losses caused by viruses contracted during transit over the internet or present in any receiving system.
13.1 User acknowledges that the nature of the internet means that there cannot be a guarantee regarding the availability from time to time, the security, or the general integrity of data transmissions via the internet.
13.2 MLPG is not liable for the lack of Website function due to errors of hardware, problems
due to third parties.
13.3 The Website may be interrupted from time to time due to the need for maintenance, updates or technical improvements, or to develop its content and/or presentation; MLPG shall endeavour to inform Users in advance of such interruptions.
13.4 User should be aware that certain, current additions (e.g. Adobe Flash software) may be needed to enable the Website to perform properly.
13.5 MLPG reserves the sole right to alter these Ts&Cs, from time to time.
14.1 Should any provision of these Ts&Cs be declared void by a competent authority, all remaining provisions shall remain in full effect.
14.2 Any failure by MLPG to take action regarding a breach of these Ts&Cs by the User or by any third party shall not be a waiver by MLPG of its right to take action in respect of such breach.
15.1 MLPG’s physical address is:
282 Leigh Road, Leigh-on-Sea, SS9 1BW, United Kingdom
15.2 MLPG’s telephone number is: +44 (0) 1702 939007
15.3 MLPG’s general email address is: darren.hughes@ml-propertygroup.co.uk
15.4 MLPG is a member of the property redress scheme, having membership number D11852.
15.5 For the avoidance of doubt, the following points apply:
(i) MLPG acts only as an agent for developers and master agents;
(ii) all properties offered by MLPG to intending purchasers are strictly on a non-advised sales basis, only.
(iii) the data provided by MLPG on behalf of developers and master agents are for general information, only.
(iv) intending purchasers are strongly advised to carry out or arrange for their own financial, legal and (as may be required) structural assessment of any property offered by MLPG before they make any commitment to purchase such property.
15.5 For the further avoidance of doubt, MLPG is NOT authorised or regulated by the Financial Conduct Authority (“FCA”) so is NOT permitted to offer financial advice about investments (whether regulated or unregulated) therefore MLPG does NOT offer financial or other investment advice.
16.1 The parties agree that these Ts&Cs shall be governed by the laws of England and Wales.
16.2 The parties submit to the exclusive jurisdiction of the courts of England and Wales.