Last updated: June 2018

Please read these terms of use carefully before using our sites.

WHAT'S IN THESE TERMS?

These terms tell you the rules for using our websites www.bellway.co.uk, www.ashberryhomes.co.uk (“Customer Sites”) and www.bellwaycorporate.com (“Corporate Site”) (and all their sub-domains and related microsites) (together our “sites”).

By using our sites, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our sites. We recommend that you print a copy of these terms for future reference.

1. WHO WE ARE AND HOW TO CONTACT US

Our Customer Sites are operated by Bellway Homes Limited, which is a limited company registered in England and Wales under company number 00670176.

Our Corporate Site is operated by Bellway p.l.c., which is a public limited company registered in England and Wales under company number 1372603.

Our registered office for both companies is at Woolsington House, Woolsington, Newcastle upon Tyne, NE13 8BF.

Our VAT number is 176685416.To contact us, please use the contact forms which are available on each of our sites or telephone our Group Office on 0191 217 0717. References to “we”, “us”, and “our” below are references to Bellway Homes Limited and/or Bellway p.l.c. (as the case may be).

2. HOW WE MAY USE YOUR PERSONAL INFORMATION AND OTHER APPLICABLE TERMS

Our Privacy Notice applies to your use of our sites, and we will only use your personal information as set out in that Privacy Notice. If another privacy notice takes precedence over this Privacy Notice then we will notify you and provide you with a copy of that notice. Our Cookies Policy also applies, and sets out information about the cookies on our sites.

3. WE MAY MAKE CHANGES TO THESE TERMS AND OUR SITES

We amend these terms from time to time. Every time you wish to use our sites, please check these terms to ensure you understand the terms that apply at that time.

We may update and change our sites from time to time to reflect changes to our users' needs and our business priorities. Updates are also made to reflect changes to our services, which may include (without limitation) changes in the price or availability of particular properties, new sites becoming available, and special offers, all of which may change on a day-to-day basis.

4. OUR SITES ARE ONLY FOR USERS IN THE UK

Our sites are directed to people residing in the United Kingdom. We do not represent that content available on or through our sites are appropriate for use or available in other locations.

5. WE MAY SUSPEND OR WITHDRAW OUR SITES AND ARE NOT RESPONSIBLE FOR VIRUSES

Our sites are made available free of charge. We do not guarantee that our sites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our sites for business and operational reasons. Where our sites are suspended or withdrawn for a prolonged period, we will try to post a notice on the sites of such suspension or withdrawal.

You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We do not guarantee that our sites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our sites. You should use your own virus protection software.

6. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you use our Corporate Site, and you choose, or you are provided with, a password or any other piece of information (when registering to receive alerts or otherwise), you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any password, whether chosen by you or allocated by us (or any applicable registration or login), at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your password or other login or registration details, you must promptly notify us using the contact details set out in section 1 above.

7. ACCEPTABLE USE POLICY AND PROHIBITED USES

You must only use our sites only for lawful purposes. You must not use our sites:

• 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 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 other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You must not reproduce, duplicate, copy or re-sell any part of our sites or their content in breach of these terms. You also agree not to:

• Access or attempt to gain access without authority, interfere with, damage or disrupt:
  • any part of our sites;
  • any equipment, server or network on which our sites are stored;
  • any server, computer or database connected to our sites;
  • any software used in the provision of our sites; or
  • any equipment or network or software owned or used by any third party.
• misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful (malware); or
• attack our sites via a denial-of-service attack or a distributed denial-of service attack.

By attempting to gain (or gaining) unauthorised access, introducing malware, or attacking our sites in breach of the above provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.

8. YOUR BREACH OF OUR ACCEPTABLE USE POLICY

When we consider that a breach of the acceptable use policy at section 7 above has occurred, we may take such action as we deem appropriate. Failure to comply with the acceptable use policy constitutes a material breach, and may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our sites.
• 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.
• disclose such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all actions we may take in response to breaches of the acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

9. HOW YOU MAY USE MATERIAL ON OUR SITES AND NOTICE OF OUR TRADE MARKS

We are the owner or the licensee of all intellectual property rights in our sites, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off a reasonable number of copies, and may download extracts, of any page(s) from our sites for your personal use and you may draw the attention of others to content posted on our sites (for example, via the ‘refer a friend’ function available on our Customer Sites). 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.

Our status (and that of any identified contributors) as the authors of content on our sites must always be acknowledged.

You must not use any part of the content on our sites for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our sites in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

The words “BELLWAY”, “BELLWAY HOMES”, “ASHBERRY HOMES”, “The Artisan Collection” and our “Bellway”, “Ashberry Homes” and “The Artisan Collection” logos are our UK and EU registered trade marks. You are not permitted to use them without our approval, unless they are part of the material you are using as permitted above.

10. DO NOT RELY ON INFORMATION ON OUR SITES

Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our sites is accurate, complete, fit for purpose, of suitable quality, or up to date. Further, the content on our sites is provided for general information only and is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites. In particular:

• nothing on the sites should be treated as a warranty, advice or recommendation, or an offer to enter into any form of negotiation, contract, agreement, nor a representation that any developments or properties will remain available for acquisition for any particular period of time.
• the property and development specifications, particulars, forecasts, descriptions, artists' impressions, photographs, virtual tours, floor plans, configurations, layouts, maps and any other details and information available on the sites are for general guidance only. It is not possible to do more than give a general impression of the range, quality and variety of the properties which we have to offer. We operate a policy of continuous product development so there may be material differences between the properties depicted on our sites and that on offer in any particular development or at different times. None of the material or visual depictions of any kind can be relied upon as accurately describing, in relation to any particular or proposed property or development, any of the Specified Matters prescribed by any Order under the Property Misdescriptions Act 1991. All such matters must be treated as intended only as general illustrations and guidance. In particular (without limitation) we shall not be responsible for ensuring the accuracy of photographs and similar materials generated by third parties (such as estate agents) which may appear on our sites.
• you acknowledge that the acquisition of any property is a substantial financial obligation and so you must verify all information, make your own further enquiries, and take independent legal and financial advice to satisfy yourself that the property and any acquisition is appropriate for your requirements and financial standing.
• nothing on our Corporate Site constitutes investment advice, nor an invitation or offer to invest in or deal with any of our (or our group’s) shares or other securities. You should not rely on any content of the sites to make any investment or decision (nor should you rely on the past performance of shares or other securities as a guide to their future performance). The price of shares and securities can decrease as well as increase and you may not recover your original investment. You should obtain professional advice before making any investment decisions.

11. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our sites contain links to other sites and resources provided by third parties (such as Google Maps, or share price information provided via the Corporate Site, for example), these links and resources are provided for your information only. If one of our sites links to another site that should not be interpreted as approval by us of that linked website or information you may obtain from it.

We have no control over the contents of those sites or resources.

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in the applicable terms we provide to you.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our sites or any content on them.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, or inability to use, our sites; or (b) use of or reliance on any content displayed on our sites.
• We will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.

If you are a consumer user:

• Please note that we only provide our sites for domestic and private use. You agree not to use our sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

13. RULES ABOUT LINKING TO OUR SITES

You may link to our sites provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our sites in any website that is not owned by you. Our sites must not be framed on any other site. If we request that you delete a link to our site(s) (or any other content taken from them) you must immediately comply with such request.

The website in which you are linking must comply in all respects with the content standards set out in these terms. If you wish to link to or make any use of content on our sites other than that set out above, please contact us using the contact information in section 1 above.

14. Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.