TERMS OF USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website, percentclub.com (“our site”), whether as a guest or a registered user (including an individual, company, brand, council or grant-maker). Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, you must refrain from using our site.

INFORMATION ABOUT US

percentclub.com is a site operated by The Trevor Osborne Property Group. In these terms, references to “we”, “our” and “us” are references to The Trevor Osborne Property Group, trading as The Percent Club. We have our registered office at Rectory Lodge, Combe Hay, Bath BA2 7EG.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

ACCESSING OUR SITE

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

From time to time, we may restrict access to some parts of our site, or our entire site, to guests and registered users alike.

If you choose, or you are provided with, a username, 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 username, 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 our site, you must comply with the provisions of our acceptable use policy (set out below).

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

ELIGIBILITY

In using the site, you represent and warrant that:
(a) you are legally capable of entering into binding contracts;
(b) that you are at least 16 years old; and a UK resident.

If you are under the age of 16 years old and wish to register to use our site, please arrange for your parent/guardian to contact support@percentclub.com in order to arrange your registration.

USE OF THE SITE

In using the site you:

shall comply with all UK and foreign laws and regulations which apply to your use of the site in wherever you are physically located; shall not provide any false information to us or the site, including but not limited to your name, age, location, email address or other information requested. If we believe you have provided false information, we reserve the right to terminate your membership;

ACCEPTABLE USE POLICY

You may only use our site for lawful purposes. You may not use the site in any way that breaches any applicable local, national or international law or regulation.

You also agree not to access without authority, interfere with, damage or disrupt:

any part of our site;
any other user account:
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any relevant third party.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our 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 our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. However, you are not permitted to publish or copy any part of our site without our express written consent. However, you may be permitted access to resources that can be used to promote a project, and we would encourage you to amend, print or publish such resources for the limited purpose of promoting a project and on the basis that such use complies with our acceptable use policy. Any such resources shall be clearly marked.

Other than any materials clearly marked as capable of being modified, 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 or logos. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

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

OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change or delete the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to maintain or update such material.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy or it being comprehensive. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including but not limited to:

loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
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 death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

TRANSACTIONS WITH THIRD PARTIES & LINKS FROM OUR SITE

Where our 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. Contracts for the supply of any goods or services formed as a consequence of the use of our site through our site shall be governed by the terms and conditions of supply of the relevant party supplying those goods or services. We will have no involvement, liability or obligations in relation to any contracts that you form with any third parties.

Third parties shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 in relation to any agreement between us and you.

LINKING TO OUR SITE

You must not establish a link from any website that is not owned by you. You may link to our home page, 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.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page without our consent. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on our site other than that set out above, please address your request to support@percentclub.com.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our 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 our 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 our site or to your downloading of any material posted on it, or on any website linked to it.

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 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 our site.

JURISDICTION AND APPLICABLE LAW

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.

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

YOUR CONCERNS

If you have any concerns in relation to our site, please contact support@percentclub.com.

Thank you for visiting our site.