Terms & Conditions

Our website, www.elmhursthomes.co.uk (the “site”) is subject to the below terms and conditions (the “Terms”). By proceeding to view this site or any part of it, you acknowledge that you have read, understood and accepted these Terms. We may vary the Terms from time to time and the revised Terms will be deemed to apply.

Who we are and how to contact us

www.elmhursthomes.co.uk is a site operated by Elmhurst Homes Limited (“We”). We are a private company limited by shares registered in England and Wales under company number 10669591 and have our registered office at Ednaston Park, Painters Lane, Ednaston, Ashbourne, Derbyshire, DE6 3FA.

To contact us, please email office@elmhursthomes.co.uk.

By using our site you accept these terms

By using our site, you confirm that you accept these terms of service and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.

There are other terms that may apply to you

Please also see our Privacy Policy, which explains how we collect, use and store your personal data.

Accuracy of information

All particulars provided in respect of our properties on this site, including illustrations, specifications and measurements, are expressly for guidance only as it may have been necessary to introduce some alterations to these or their specification since publication. This site is not to form any part of the contract nor to be taken as an indication of warranty or guarantee in respect of any of our properties. Neither any computer-generated imagery (CGIs) nor the photographs on this site are intended to give an accurate description of any specific property offered for sale, its setting or its surroundings.  In particular, please do not scale from the plans or measurements provided on our site and instead please talk to your sales adviser who will be happy to help.

We may make changes to these terms

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

We may make changes to our site

We may update and change our site from time to time.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.

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

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Our site is only for users in the UK

Our site is directed to people residing in the United Kingdom. If you are not based in the UK, then you are not authorised to use the site and we will not be responsible for any loss or liability arising as a result of any such unauthorised access.

How you may use material on our site

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 use and you may draw the attention of others within your organisation to content posted on our site.

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 site must always be acknowledged (except where the content is user-generated).

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

If you print off, copy, download, share or repost any part of our site in breach of these terms of service, 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 (except that you are permitted to print off a copy of these terms of service).

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):

• Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology
to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services
accessed via the same.
• Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop,
train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).

You shall not use, and we do not consent to the use of, our site, or any data published by, or contained in, or accessible via, our site or any services provided via, or in relation to, our site for the purposes of developing, training, fine-tuning or validating any AI system or model.

This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Rules about linking to our site

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.

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 site in 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 our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact office@elmhursthomes.co.uk.

Do not rely on information on this site

The content on our site is provided for general information only. It 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 site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.

We are not responsible for viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.

You must not introduce viruses

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our site or any part of it. 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 or any other equipment or network connected with our site. You must not interfere with, damage or disrupt any software used in the provision of our site or any equipment or network or software owned or used by any third party on which this site relies in any way. 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.

Our exclusion of liability

Subject to the remainder of this section, the site and all information available on it are provided “as is” and without the acceptance of any liability. Elmhurst Homes Limited accepts no responsibility or liability for your use of the site, or for any actions taken based on information accessed, downloaded, or relied upon from the site. As mentioned above, in particular please do not scale from any measurements or floorplans provided on this site.

To the fullest extent permitted by law, we disclaim all liability—whether arising in contract (including under any indemnity or warranty), tort (including negligence), statute, or otherwise—for any kind of loss or damage. This includes, without limitation, loss of profit, revenue, anticipated savings, data (whether from viruses or otherwise), contracts, opportunities, goodwill, or any indirect or consequential losses, even if foreseeable by you, a third party, or Elmhurst Homes Limited in connection with the site.
We exclude all liability for any viruses or related issues that may be downloaded from the site. You are advised to implement appropriate protective measures before downloading any material from the site.

All implied warranties are excluded to the fullest extent permitted by English law.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Which country’s laws apply to a dispute

If you are a consumer, please note that these terms of service, their subject matter and their formation, are governed by English law. 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 a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of service, 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.