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Terms and Conditions

The following terms (together with the documents referred to therein) govern your use of this website www.daviesanddavies.net (the “Site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Site. By using the Site, you indicate that you accept these terms of use and that you agree to abide by them.

Information about us

The Site is operated by Davies and Davies Associates Ltd (“Us”). Davies and Davies Associates is registered in England under company number 06468156.
Our VAT number is 865 1730 16.

Davies and Davies Associates Ltd (Reg. Name) is authorised and regulated by the Solicitors Regulation Authority Reg. No. 472797.

Company Registered Address: Davies & Davies Associates Ltd, Lindale, Adderbury, Oxon OX17 3HF.

We are subject to the
SRA Standards and Regulations, a
copy of which can be viewed at https://www.sra.org.uk/solicitors/standards-regulations/.

Our communications are not financial communications and are not invitations or inducements to any person to engage in investment
activity.  We are not authorised under the Financial Services and Markets Act 2000,
but we may, since we are authorised and regulated by the Solicitors Regulation Authority,
offer a restricted range of investment services to clients, but only if they are incidental to, or a necessary part of our
legal services.  Davies & Davies Associates Ltd is also regulated by the Royal Institution of Chartered Surveyors for the provision of surveying services.  This means we agree to uphold the RICS Rules of Conduct for Firms and all other
applicable mandatory professional practice requirements of the RICS which can be found at www.rics.org.  As an RICS regulated
firm we have committed to cooperating with the RICS in ensuring compliance with its standards.  The firm’s nominated RICS
Responsible Principle is Nigel Davies who can be contacted at our Registered Address stated above.

We no longer maintain a fax number.

Accessing the site

Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the
Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Site, or the entire site, to users who have registered with us.

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. 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.

When using the Site, you must comply with the provisions of our acceptable use policy.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring
that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.

Intellectual Property Rights

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

You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference. 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 author of material on the Site must always be acknowledged.

You must not use any part of the materials on the Site 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 the Site in breach of these terms of use, your right to use the Site will cease
immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted

Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore
disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or
by anyone who may be informed of any of its contents.

Our site changes regularly

We aim to update the Site regularly, and may change the content at any time. If the need arises, we 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 we are under no obligation
to update such material.

Our liability

The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent
permitted by law, we hereby expressly exclude:

  • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  • 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: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated
    savings; loss of data; loss of goodwill; and wasted management or office time,

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition
shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that
are not excluded by any of the categories set out above.

This does not affect our liability for any liability which cannot be excluded or limited under applicable law.

Information about you and your visits to the site

We process information about you in accordance with our privacy policy. By using the Site, you consent to such processing and you
warrant that all data provided by you is accurate.

This website utilises HotJar web analytics captured by passive collection.
It does not collect any personally identifiable information (PII) that you do not voluntarily enter in this website. The sole
purpose of passively collecting this information is to improve your overall experience. It is automatically collected, whilst
navigating through and interacting with the site.

Information collected includes user mouse activity, browser and device specific log data:

Your device’s IP address (collected and stored in an anonymised format)

Device screen size

Device type (unique device identifiers) and browser information

Geographic location (country only)

Preferred language used to display the webpage

Viruses, hacking and other offences

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious
or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored
or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a
distributed denial-of service attack.

By breaching this 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 we will co-operate with those authorities by disclosing your identity to them.
In the event of such a breach, your right to use the Site will cease immediately.

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 the Site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation
or take advantage of it, but 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 from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve
the right to withdraw linking permission without notice. The website from which you are linking must contain any material which
is unlawful, defamatory, obscene, threatening or otherwise likely to offend any person or which infringes any right of any
person.

If you wish to make any use of material on the Site other than that set out above, please address your request to us using our “Contact Us” form.

Links from our site

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

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we
retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other
relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including
non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take
notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may
also be superseded by provisions or notices published elsewhere on the Site.

Your concerns

If you have any concerns about material which appears on the Site, please contact us using our “Contact Us” form.

Complaints Procedure

1.  We are committed to high quality legal advice and client care.If you are unhappy about any aspect of the
service you have received please contact Mr. Nigel Davies on 0800 840 4025 and e-mail ndavies@daviesanddavies.net or by post at our Registered office.

2.  If you have a complaint, then this note sets out the procedure that we will follow in dealing with that complaint.

3.  The following people have been appointed to deal with complaints and you should not hesitate to contact the relevant person.
Details are as follows:

Mr. Nigel Davies– DAVIES & DAVIES ASSOCIATES LTD

Lindale, Berry Hill Road, Adderbury, Oxon OX17 3HF

4.  Where your complaint is initially made orally, you will be requested to send a written summary of your complaint to the
person dealing with it.

5.  Once we have received your written summary of the complaint, we will contact you in writing within fourteen working days
to inform you of our understanding of the circumstances leading to your complaint.  You will be invited to make any comments
that you have in relation to this.

6.  Within twenty eight days of receipt of your written summary, the person dealing with your complaint will write to you,
in order to inform you of the outcome of the investigation into your complaint and to let you know what actions have been or
will be taken.

7.  You will not be charged for the cost of handling a complaint and at the conclusion of our complaints process you will
be reminded of your right to complain to the Legal Ombudsman including the time frames and full details as to how to contact
the Legal Ombudsman noted in paragraph 9.2 below.

8.  If you remain dissatisfied and your complaint concerns our Surveyors services:

8.1.  Mediation (Business and Consumer Clients).  If you remain dissatisfied with any aspect of our internal handling
of your complaints, then we can discuss whether we can agree to go to mediation according to either the Centre for Effective
Dispute Resolution (“CEDR”) or the mediation process run by the Royal Institution of Chartered Surveyors (“RICS”).

Centre for Effective Dispute Resolution (CEDR)

International Dispute Resolution Centre

70 Fleet Street

London

EC4Y 1EU

United Kingdom

Tel: +44 (0)20 7536 6060

Fax: +44 (0)20 7536 6061

Email: info@cedr.com

www.cedr.com

 

RICS Dispute Resolution Service

55 Colmore Row,

Birmingham

B3 2AA

United Kingdom

Tel: +44 (0)20 7334 3806

Fax: +44 (0)20 7334 3802

Email: drs@rics.org

  www.rics.org/drs

 

 

 

8.2.  If you are still unhappy with the result of any of the above then, depending on whether you are either a Business or
a Consumer client, you can further refer your complaint as follows:

8.2.1.  Business to Business clients.  If you are a Business you can refer your complaint to the Arbitration Procedure
for Surveying Disputes / Neutral Evaluation Procedure for Surveying Disputes if it falls within the scope of the Scheme.
This is operated by IDRS Limited, 70 Fleet Street, London EC4Y 1EU from whom you can obtain details.  The rules for both
the Arbitration Procedure for Surveying Disputes and the Neutral Evaluation Procedure are available on the IDRS (part of CEDR
Disputes Group) web site www.idrs.ltd.uk.  Alternatively, for further information,
you may contact IDRS Limited on 020 7520 3800 or email info@idrs.ltd.uk or visit
idrs.ltd.uk.

8.2.2.  Consumer clients.  If you are not a business and are still unhappy, you can refer your complaint to CEDR
which provides a range of options for disputes of any nature which we are willing to use in the event of a dispute.  Any
complaint to CEDR must be made within 6 months of the date of our final response although no sooner than 8 weeks of the date
of the problem to enable us to exhaust our complaints procedure explained above and no more than 6 years from the date of act/
omission; or, no more than 3 years from when you should reasonably have known there was cause for complaint.

9.  Alternatively, if you remain dissatisfied and your complaint concerns our Solicitors services:

9.1.  With regard to allegations of misconduct, if you are dissatisfied with any aspect of our handling of your complaint
or the outcome of our internal investigation, or if for any reason we are unable to resolve the problem between us, then we
are regulated by the Solicitors Regulation Authority that also provides a complaint and redress scheme.

9.2.  With regard to allegations of inadequate professional service, if you are still not satisfied, you may then contact the Legal Ombudsman at PO Box 6806, Wolverhampton WV1 9WJ about your complaint.  Any complaint to the Legal Ombudsman must be made within 6 months of the date of our final response although no sooner than 8 weeks of the date of the problem to enable us to exhaust our complaints procedure explained above and no more than 6 years from the date of act/ omission; or, no more than 3 years from when you should reasonably have known there was cause for complaint.  For further information, you may contact the Legal Ombudsman on 0300 555 0333 or e-mail enquiries@legalombudsman.org.uk or visit www.legalombudsman.org.uk.

9.3.  Although we are under no obligation to use such a scheme, for your information upon exhausting that contained within
paragraph 9.2 above if you are still unhappy with the result of any of the above there is an additional ADR entity certified
under the EU Consumer Directive to whom you can refer your complaint called The Ombudsman Services.  The Ombudsman Service
website is http://www.ombudsman-services.org.

10.  If we have to change any of the timescales above, we will let you know and explain why.

11.  The Solicitors Regulation Authority can help you if you are concerned about our behaviour.  This could be for things
like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic.
You can raise your concerns with the Solicitors Regulation Authority.

 

Other – Non-legal Services

1) The “Customer” means the party commissioning the provision of service.

2) The “Contractor” means and refers to Davies and Davies Associates Ltd.

3) The “Contract” means the agreement between the Customer and the Contractor for the provision of development work or service.

4) This Contract represents the entire agreement between the parties. Each party warrants to the other party that has not relied
on any representation not recorded here, which has induced it to enter into this Contract.

5) No amendments to this Contract will be valid unless made in writing and signed by all the parties hereto.

6) The development works specified in the Contract will be undertaken on the basis of specific representations and information
supplied by the Customer to the Contractor and the Contractor shall not be responsible for any errors, omissions or other failures
in the performance of the said work arising from the provision of incorrect or incomplete information by the Customer. The
Customer acknowledges that where incorrect or incomplete information has been provided, additional work may be required by
the Contractor for which a reasonable additional fee may be payable.

7) Where the Customer is a corporate body, the Contractor undertakes the work on the basis of an implied undertaking that each
of the directors and shareholders of the Customer will indemnify the Contractor for all fees, costs and other charges which
for any reason are not paid by the Customer under the terms hereof.

8) The Customer acknowledges that all information in this Contract and which arises as a result of the work undertaken hereunder
is confidential and belongs to the Contractor and shall not be disclosed in whole or in part, directly or indirectly to any
party without the prior written approval of the Contractor.

9) The Customer undertakes to provide all necessary authorities to third parties to enable the Contractor to perform the whole
of the works required under the Contract.

10) The liability of the Contractors in contract, in tort or otherwise arising in connection with the work undertaken under the
Contract shall be limited to 10 times the fee rendered for the specific assignment, which has been paid in accordance with
the terms hereof.

11) Without prejudice and in addition to all other rights and remedies which may arise from any breach of this Contract, in the
event that this Contract is terminated for whatever reason prior to the work being completed by the Contractor, the Contractor
shall be entitled to retain the 50% deposit paid on the commencement of the Contract and shall be entitled to such reasonable
additional amount of the total charge as corresponds to the work completed in addition to any other payments or compensation
which is appropriate under the circumstances.

12) All prices referred to in the Contract are exclusive of Value Added Tax.

13) In the event that any of these terms and conditions or any part of the terms and conditions is judged illegal or unenforceable
for any reason the continuation in force of the remainder of these terms and conditions will not be prejudiced.

Cookie statement

We may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies
contain information that is transferred to your computer’s hard drive. They help us to improve the Site and to deliver a better
and more personalised service. Some of the cookies we use are essential for the site to operate. They enable us:

  • to estimate our audience size and usage pattern;
  • to store information about your preferences, and so allow us to customise the Site according to aggregate preferences;
  • to speed up your searches; and
  • to recognise you when you return to the Site.

The main cookies that we use provide us with valuable data about our website. These are from Google Analytics and are completely
anonymous, telling us information such as how many people have visited our website and which pages are the most popular. This
allows us to ensure that our website is doing its job and make improvements to help you use the site.

Our website is built using technology by Adobe and this also uses cookies that help the site to work better for you and monitors
the pages that you visit. Again, this is completely anonymous and is stored on your computer for a very short period of time.

We also link to other websites such as LinkedIn. We’re pretty sure that they use the same kind of cookies but as these sites are
not controlled by us, we can’t guarantee the cookies that they are using and suggest that you read their privacy policies to
be absolutely sure.

We really hope that this is ok, but if you are really unhappy with cookies being used, the best way round this is to turn it off
in your browser settings so that they are not used on any website. To do this you can go to your privacy settings
in either Tools or Options depending on your browser.

 

More information about cookies or how to manage them on your computer can be found at https://ico.org.uk/for-the-public/online/cookies/.

Contact us to discuss your requirements or call +44 (0)800 840 4025

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