Terms and Conditions


TERMS AND CONDITIONS OF WEBSITE USE

This page (together with the documents referred to on it) tells you the terms of use on which you may use the website www.cala.co.uk (the "Site" ), whether as a guest or a registered user.

Please read these terms of use ( "Terms" ) carefully before using the Site. By using the Site, you accept these Terms and the Privacy Policy, and agree to abide by them. If you do not agree to these Terms, you must not use the Site.

INFORMATION ABOUT US 

The Site is operated by CALA Management Limited ("the Company”),registered in Scotland under company number SC013655 and has its registered office at Adam House, 5 Mid New Cultins, Edinburgh, EH11 4DU. The Company's main trading address is Adam House, 5 Mid New Cultins, Edinburgh, EH11 4DU and its VAT number is 356 0493 50. CALA can be contacted at cala.group@cala.co.uk. For the purpose of the Terms, the Privacy Policy and the Site, CALA means CALA Group (Holdings) Limited a company registered in England and Wales with registered number 08428265 and having its registered office at CALA House, 54 The Causeway, Staines-upon-Thames TW18 3AX, any subsidiaries of that company, and any other companies in which CALA has a 50% or greater shareholding.

ACCESSING THE SITE

The Site has two levels of access:- 

General Access Level: you do not need to register to use this area of the Site and can access general information about CALA and information about our products and services. The Site has a search tool which enables you to find properties which match specified criteria and access to detailed information on each of the developments including site and floorplans.

Secure Area Level: you must register for access to this part of the Site. Access will only be provided to you on a user name and password protected basis. The benefits of registering are that you can access your personalised portfolio ("Your CALA Exclusive") and can save searches conducted by you and access more information on available properties, including the plot specific price. Nothing on this Site will constitute a contract of sale between you and CALA. Please note that saving a property to Your CALA Exclusive does not constitute a reservation of that property. If you are interested in making a reservation on a property or to find out more, please contact a CALA representative at your development of interest. Being a registered user allows you to specifically request communication or contact from CALA, for example, request a brochure, virtual tour CD or a call from CALA, contact a development direct, or email a friend with details relating to a CALA property or development. 

If you register on the Site, you will register a username and password as part of our security procedures. You must keep your password confidential, and must not disclose it to any third party. The Company has the right to disable any username or password at any time, if in our opinion you have failed to comply with these Terms.

A description of how we will use your personal data can be found in our Privacy Policy

USER OBLIGATIONS AND CONDUCT

You warrant that in using the Site you shall:-

(a) use the Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Site by any third party;

(b) not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;

(c) not upload, post, transmit or distribute any material or information where you do not own or have the right to use the intellectual property rights, or any material which is unlawful or which is potentially harmful, threatening, abusive, libellous , defamatory, pornographic or otherwise obscene, racially or ethnically or otherwise objectionable or damaging to the reputation of CALA;

(d) not to access, interfere with, damage or disrupt any part of the Site, any equipment, systems or network used to operate the Site, or attempt to access the secure area other than by using your username and password;

(e) transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware , adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer or hardware;

(f) use current virus checking software when using the Site; and

(g) not reproduce, duplicate, copy or re-sell any part of the Site.

The Company shall have the right to disable your access of the Site at its sole discretion if CALA reasonably believes you are in breach of these Terms and in particular any of the requirements set out above relating to User Obligations and Conduct.

By breaching provisions (d) and (e) above, you may commit a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities and disclose your identity, if known by CALA.

TRADE MARKS

The names and logos identifying the Site and CALA and its products and services are either (a) proprietary marks of CALA or (b) marks which CALA is licensed to use. Nothing in these Terms allows you any licence of any mark or of any other intellectual property right of CALA or any third party (subject to the provisions below relating to copyright). 

COPYRIGHT 

The copyright in the content of all the pages on the Site is owned by CALA and its licensors (except where otherwise stated). Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions.

CALA authorises you to carry out the following actions, provided that you comply with the User Obligations and Conduct (as stated above):-

(a) view and display the content of the Site; and 

(b) print or download to a local or network hard drive extracts from or whole pages for your personal use provided you do not delete the copyright notice "© CALA Group Limited 2009" from all such printouts and downloads.

You must not modify the paper or digital copies of any materials that 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. 

You are not permitted to incorporate any materials, or any part of the materials, from the Site to any other work or publication, whether in hard copy or electronic or any other form.

No part of the Site may be distributed or copied for any commercial purpose.

RELIANCE ON INFORMATION POSTED

CALA operates a policy of continual product development and all specifications outlined on this Site are indicative only. 

Any alterations to the specifications will be of equal or greater value and CALA reserves the right to implement changes without warning.

Details on this Site are prepared with all due care for the convenience of intending purchasers. The information is intended as a preliminary guide only and should not be relied upon.

The Site contains photographic illustrations taken from various CALA developments. They are intended as a guide, indicating the typical style of property and finish. Customers should note that any computer generated image or photograph on this Site does not necessarily represent the actual finishings /elevation or treatments, furnishings and fittings at any individual development.

Room measurements given are approximate only. Floor plans, dimensions and specifications on any particular development are correct at the date noted on the individual illustration.

Nothing contained on this Site shall constitute or form part of any contract.

For specific and up to date details relating to any individual development, you are encouraged to speak to the CALA representative at the development.

SITE AVAILABILITY 

CALA reserves the right to withdraw or amend the service provided on the Site without notice. CALA will not be liable if for any reason the Site is unavailable at any time or for any period. CALA aims to update the Site regularly, and may change the content at any time. If the need arises, CALA may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and CALA is under no obligation to update such material. 

DISCLAIMER

CALA WILL TAKE REASONABLE CARE IN PREPARING THE CONTENT OF THE SITE, BUT THE MATERIAL DISPLAYED ON THE SITE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW CALA, ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND OTHER MEMBERS OF CALA'S GROUP OF COMPANIES AND THIRD PARTIES CONNECTED TO CALA HEREBY EXPRESSLY EXCLUDE: 

(A) ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF TORT /DELICT; AND 

(B) ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH THE SITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE SITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, BUSINESS PROFITS OR CONTRACTS, ANTICIPATED SAVINGS, LOSS OF DATA OR GOODWILL, WASTED MANAGEMENT OR OFFICE TIME AND FOR ANY FURTHER LOSS OR DAMAGE OF ANY KIND, HOWSOEVER ARISING AND WHETHER CAUSED BY DELICT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.

CALA CANNOT GUARANTEE THAT THE SITE AND ANY DOCUMENTS, FILES AND INFORMATION HOSTED OR DOWNLOADED FROM THE SITE WILL BE FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, KEYSTROKE LOGGERS, SPYWARE AND OTHER HARMFUL PROGRAMS OR COMPUTER CODE DESIGNED TO ADVERSELY AFFECT THE OPERATION OF ANY COMPUTER SOFTWARE OR HARDWARE. CALA SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST OR EXPENSE WHICH MAY BE SUFFERED BY ANY PERSON ARISING FROM ANY SUCH HARMFUL CODE OR COMPUTER CODE. 

NOTHING IN THIS CLAUSE OR THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT CALA'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM CALA's NEGLIGENCE, NOR CALA's LIABILITY FOR FRAUDULENT MISREPRESENTATION, NOR ANY BREACH OF THE TERMS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979, NOR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

YOU ACKNOWLEDGE AND ACCEPT THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT FREE AND MAY FROM TIME TO TIME REQUIRE PERIODS OF DOWNTIME (BEING PERIODS DURING WHICH THE SITE IS NOT AVAILABLE TO THE USER) FOR THE PURPOSES OF REPAIR, MAINTENANCE AND UPGRADING. 

ACCORDINGLY, CALA DOES NOT GUARANTEE UNINTERRUPTED AVAILABILITY OF THE SITE, BUT IT SHALL MAKE REASONABLE EFFORTS TO MINIMISE ANY PERIODS DURING WHICH THE SITE IS NOT AVAILABLE. 

PROPERTY PRICES AND AVAILABILITY PRESCRIBED ON THE SITE ARE PROVIDED FOR GUIDANCE ONLY AND USERS SHOULD CONTACT THEIR LOCAL CALA SALES TEAM TO CONFIRM UP TO DATE INFORMATION ON PROPERTY PRICE AND AVAILABILITY. ALL PRICES LISTED EXCLUDE STAMP DUTY AND ANY OTHER APPLICABLE TAXES UNLESS OTHERWISE SPECIFIED.

INFORMATION ABOUT THE USER AND THE USERS VISITS TO THE SITE

CALA processes information about users of the Site in accordance with CALA's privacy policy. By using the Site, you consent to such processing and warrants that all data provided by you is accurate. 

HYPERLINKS 

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. CALA has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. 

GENERAL 

These Terms, the Privacy Policy and any other specific terms of use appearing anywhere on the Site constitute the entire agreement of the parties in relation to the use of the Site, and the Terms supersede any other agreements between the parties in this matter. If there is any conflict between these Terms and any information posted anywhere on the Site, these Terms shall prevail. 

If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent that the term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

The rights of the parties under these Terms may be exercised as often as necessary. They are cumulative and not exclusive of either party's rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right. 

Both parties shall comply with all applicable laws in performing their obligations pursuant to these Terms. Neither party shall be liable for any breach of these Terms to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power cuts or fuel shortages. 

CALA is aware that some users may suffer from disabilities which make it difficult to access and use some parts of the Site. Within the constraints of the technology used to construct the Site, CALA has made reasonable efforts to make the Site accessible to disabled users. CALA would like to receive feedback from disabled users to help identify any features which such users may find difficult to use and to allow CALA to deliver improvements to the service received by such users. If a disabled user requires advice or would like to give feedback in relation to use of the Site, he/she should contact CALA at cala.group@cala.co.uk

VARIATIONS

CALA may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes CALA made, as they are binding on you.

JURISDICTION AND APPLICABLE LAW

The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, your access to the Site although CALA retains the right to bring proceedings against you for breach of these conditions in the your country of residence or any other relevant country. These Terms are governed by Scots law.

USER'S CONCERNS

If the user has any concerns about material which appears on the Site, please contact cala.group@cala.co.uk