Terms and conditions

Please read these Terms of Use carefully before you start to use this website (this “Website”). By using this Website, you indicate that you accept that these Terms of Use will apply to your use of this Website and you agree to abide by them. By accepting these Terms of Use, you are also agreeing to our Privacy Policy.

If you do not agree to these Terms of Use you must immediately cease using this Website.

1. Our Website

1.1 We do not guarantee that this Website, or any content on it, will always be available or be uninterrupted.  Access to this Website is permitted on a temporary basis and you acknowledge that we may suspend, withdraw, discontinue or change all or any part of this Website without notice.  We will not be liable to you if for any reason this Website is unavailable at any time or for any period.

1.2 You are responsible for making all arrangements necessary for you to have access to this Website and for ensuring that all persons who access this Website through your internet connection are aware of these Terms of Use and any other applicable terms and conditions, and that they comply with them.

2. Your use of material on this Website

2.1 We are the owner or licensee of all intellectual property rights in or contained within this Website and its contents, and the material, trademarks (whether registered or unregistered) and other proprietary information published on it. These works are protected by various intellectual property laws, including copyright and trademark laws. All such rights are reserved.

2.2 You may not copy, modify, republish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the content of this Website, in whole or in part. You may however print or download and use the same strictly for private non-commercial use. Our status (and that of any identified contributors or licensees) as the authors of content on our Website must always be acknowledged.

2.3 If you print off, copy or download or otherwise use any part of this Website in breach of these Terms of Use, your right to use this Website will cease immediately and you must, at our option, return, delete or destroy any copies of the materials you have made.

3. Linking to this Website

3.1 You may link to the home page of this Website or an individual page, provided you do so only for non-commercial purposes and in a way that is fair and legal and does not (and does not seek to) damage our reputation or take advantage of it.  You must not establish a link in any way as to suggest any form of association, approval or endorsement of you, your services, your business or otherwise where none exists or without our prior written approval (which we may withhold in our absolute discretion).

3.2 Other than as permitted in section 3.3 below, you must not systematically or otherwise in an organised manner link in any way (including, but not limited to, deep linking, in-lining or mirroring), frame, embed or scrape any pages or content contained within or on this Website which causes this Website or portions of this Website to be displayed, or appear to be displayed on any other website or in any application, or otherwise pass off the content of this Website as your own.

3.3 If you operate a publicly available internet search engine then to the extent permitted by applicable law you may index and cache pages on this Website and display of snippets from this Website in your search results, provided that:

3.3.1 such search engine (or the relevant part) does not focus specifically or largely on property sales or rentals;

3.3.2 any cached page is displayed by the search engine in full as it appears on this Website; and

3.3.3 we may, at our discretion withdraw or vary such permission at any time in the future and you will promptly remove any links to this Website if we ask you to do so.

4. Linking to or using the material on this Website for other purposes

If you wish to make use of the material on this Website or link to this Website other than as expressly permitted above, please contact us at the details provided in paragraph 13 below.

5 No reliance on information

5.1 The content on this Website is provided for general information only. It is not intended to amount to legal or any other form of professional advice on which you should rely nor is it intended to be made part of or form part of a contract for services with you. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Website.

5.2 Information about the properties available on this Website are provided to us by our members. We cannot verify this information and we make no representations, warranties or guarantees, whether express or implied, that the content on this Website is accurate, complete or up-to-date.

6. Third party links and resources on this Website

6.1 We may from time to time link to, or embed content from, third party websites, such as social media sharing tools or mapping websites. We have no responsibility or liability for any such third party websites. It is your responsibility to review any terms of use or other policies applying to any such websites.

6.2 Where this Website contains links to other websites and resources provided by third parties, these links are provided for your information only.

6.3 We have no control over the contents of those other websites or resources.

7. Viruses

7.1 You are responsible for configuring your information technology, computer programmes and operating and/or hardware platforms in order to access this Website. You acknowledge and agree that it is your responsibility to use your own virus protection software. We do not guarantee that this Website will be secure or free from bugs or viruses.

7.2 You must not misuse this Website 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 this Website, the server on which this Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may 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 this Website will cease immediately.

8. Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

8.1 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.

8.2 Your attention is drawn to section 5 above, which explains what reliance you may place on the information contained on this Website.

If you are a business user:

8.3 We exclude all implied conditions, warranties, representations or other terms that may apply to this Website or any content on it.

8.4 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:

8.4.1 use of, or inability to use, this Website; or

8.4.2 use of or reliance on any content displayed on this Website.

8.5 In particular, we will not be liable for:

8.5.1 loss of profits, sales, business, or revenue;

8.5.2 business interruption;

8.5.3 loss of anticipated savings;

8.5.4 loss of business opportunity, goodwill or reputation; or

8.5.5 any indirect or consequential loss or damage.

If you are a consumer user:

8.6  Please note that we only provide this Website for domestic and private use. You agree not to use this Website 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.

8.7 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. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

9. Accessibility of this Website

9.1 We have designed this Website in accordance with best design practice with the intention of making this Website accessible to as wide an audience as possible, including any users with physical or sensory impairment, users using assistive technology and users with slower internet connections.

9.2 Whilst we have tried to ensure that our Website is accessible to everyone, we appreciate accessibility problems may still arise from time to time. Should you be aware of any accessibility problems with this Website, please contact mark@xxl-london.com  giving details of the problem encountered. We will then assess what reasonable measures can be taken both in the short and the long term to address the accessibility problem that you have encountered.

10. Changes to these Terms of Use

We amend these Terms of Use from time to time. Every time you wish to use this Website, please check these Terms of Use to ensure you understand the terms that apply at that time. These terms were most recently updated on 20 November 2017.

11. Severability

If any provision of these Terms of Use is 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.  Further, if any provision of these Terms of Use is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such deletion(s) as may be necessary to make it valid and enforceable.

12. Disputes

12.1 If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Scottish law. You agree that the English courts 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 and Wales, you may also bring proceedings in Scotland and Wales.

12.2 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 law in England and Wales. You agree to the exclusive jurisdiction of the courts of the English courts.

12.3 Without limiting any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach by you of these Terms of Use. We shall be entitled, without proof of special damages, to interim relief (whether by way of interdict or other protective measure) for any threatened or actual breach of the provisions of these Terms of Use.

13. Contact us