Website – Terms and Conditions

Albani Limited (Co. No: 05808405)

These terms and conditions govern your use of this website (“the Site”).  Please read them carefully because they affect your rights and liabilities under the law.  If you do not agree to these terms and conditions, please do not access and use the Site.  If you have any questions regarding the Site or these terms and conditions, please inform Customer Services.

  1. Use of the Site

The Site is provided to you subject to these terms and conditions.  By using the Site, you agree to be bound by these terms and conditions.  If you are using the Site on behalf of a commercial entity, your use of the Site will bind that commercial entity to these terms and conditions.  If you are not authorized to bind such commercial entity to these terms and conditions, you are NOT authorized to use the Site.  You may print and keep a copy of these terms. They are a legal agreement between us and can only be modified with our consent.

To use the Site you must be over eighteen years of age.

  1. Amendments

We may update these terms and conditions from time to time for legal and regulatory reasons or to allow the proper operation of the Site.  Any changes will be notified to you via a suitable announcement on the Site.  The changes will apply to your use of the Site after we have given such notice.  If you do not wish to accept the new terms and conditions you should not continue to use the Site.  If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new terms and conditions.  You should familiarize yourself with the content of these terms and conditions on a regular basis so as to ensure that you continue to agree to be bound by these terms and conditions.

  1. Submitting Information

If you submit any information to the Site, you must ensure that all the details provided by you at any time are correct and complete.  If appropriate, you must inform us immediately of any changes to the information that you provide to us so as to enable us to communicate with you effectively.

We will process your personal data at all times in accordance with our obligations under the Data Protection Act 1998.  Please read our Website Privacy Policy which details the manner in which your personal data will be processed.

  1. Password and Security

If you are using the Site in the course of a business as one of our expressly authorized estate agents or other similar professionals (an “Introducer”), you will already have been provided with a user name and password to access certain restricted areas of the Site.  In order to prevent fraud, you must keep this user name and password confidential and you must not disclose it or share it with anyone else.  If you know or suspect that someone else knows your user name and/or password you should inform Customer Services immediately.

If we have reason to believe that there is likely to be a breach of security or misuse of the Site or the user name or password supplied to you, we may require the user name and/or password to be changed or we may suspend your account.

  1. Payment of Administration Fees

CHAIN FREE® Administration Fee: £340 and Additional Administration Fee: £59; CHAIN MENDER® Administration Fee: £340

You have a 24 hour “cooling off” period from the moment you pay the Administration Fee.  Provided you let us know at within this cooling off period we will return to you the Administration Fee with no deductions.  PLEASE NOTE that, subject to this “cooling off” period, the Administration Fee will NOT be refundable in the event that:

5.1 you do not accept the terms and conditions in our Legal Documents;

5.2 anything submitted within an application form is untrue or inaccurate.  Please therefore ensure that all information submitted in an application form is true and accurate in all respects.

Through Worldpay we are able to offer a 24 hour secure INTERNET payments service which enables you to make payment of our fees using most major credit or debit cards.  Worldpay uses Secure Socket Layer (SSL) technology, a standard supported by most major Internet browsers.  All of your personal and card details are protected using 128 bit encryption when it is transmitted across the INTERNET.  This ensures that the information is secure and tamper-proof.

  1. VAL FREE®

The Site provides details of selected mortgage/home finance lenders offering VAL FREE® mortgages/home finance. A VAL FREE® mortgage/home finance is a regulated mortgage contract available to the purchaser of a property sold by a vendor who has acquired CHAIN FREE® or CHAIN MENDER®, for which no mortgage/home finance valuation is required by the VAL FREE® mortgage/home finance lender. The estate agent or broker may advise the purchaser that they may apply for VAL FREE® mortgage/home finance and may advise the purchaser to access the Site for details of VAL FREE® mortgage/home finance lenders. The estate agent or broker may charge a booking fee to the purchaser for introducing VAL FREE®.

  1. Intellectual Property

The content of the Site is protected by copyright, trade marks, database rights and other intellectual property rights.  You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on a disk, or print one copy of such content for your own personal and non-commercial use (unless you are an Introducer), provided you keep intact all and any copyright and proprietary notices.  You may not reproduce, modify, copy or distribute, or use for commercial purposes any of the materials or content on the Site without our express written permission.

  1. Your Use

CHAIN FREE® and CHAIN MENDER® are NOT available in relation to unregistered property.  All property against which CHAIN FREE® and CHAIN MENDER® are intended to apply must be freehold and already be properly registered with HM Land Registry with a valid title number.

You may NOT use the Site for any of the following purposes:

8.1 disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;

8.2 transmitting material that encourages conduct that constitutes a criminal offense, or otherwise breaches any applicable laws, regulations or codes of practice;

8.3 interfering with any other person’s use or enjoyment of the Site; or

8.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

You will be responsible for our losses and costs resulting from your breach of this clause 7.

  1. Availability of Site

Although we aim to offer you the best service possible, we make no promise that the services at the Site will meet your requirements.  We cannot guarantee that the services will be fault free.  If a fault occurs with the Site you should inform Customer Services and we will attempt to correct the fault as soon as reasonably practicable.

Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.  We will attempt to restore the service as soon as we reasonably can. 

  1. Barring from the Site

We reserve the right to bar users from the Site, on a permanent or temporary basis, at our discretion.  Any such user shall be notified and must not then attempt to use the Site under any other name or through any other user. 

  1. Accuracy of Information and Disclaimer

We do our best to ensure all information on the Site is accurate.  If you find any inaccurate information on the Site inform Customer Services and we will correct it, where we agree, as soon as practicable.

We make no representations that information is accurate and up to date or complete and accept no liability for any loss or damage caused by inaccurate information.  Although we hope this Site will be of interest to users, we accept no liability, and offer no warranties in relation to it and its content, to the fullest extent such liability can be excluded by law.

  1. Links and Advertisements

We provide hypertext links to other sites that are operated by other people.  Using such a link means you are leaving our Site and we take no responsibility for, and give no warranties, guarantees or representations in respect of those linked sites.

Where you purchase goods or services having been directed from the Site through a link to a third party, any contract you may choose to form with them, or use of their website is a matter between you and them.  We do not accept any liability for the quality or type of services or goods provided by those whom we mention on our Site or to whom we have linked our Site.  It is for you to make your own judgment about the quality of such providers.  We exclude all liability both under contract and under the law of tort including without limitation liability for misrepresentation to the fullest extent permitted by law in this respect.

You may NOT provide hypertext links from your own or any other website to the Site without first having obtained our express written consent.

Part of the Site may contain advertising and sponsorship.  Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes.  We will not be responsible to you for any error or inaccuracy in such advertising and sponsorship material.

  1. Our Liability to you

If we are in breach of these terms and conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are foreseeable to both of us at the time you use the Site.  In no event shall we be liable to you for, in the case of non-chargeable services any direct, and for both chargeable and non-chargeable services any indirect or consequential loss, loss of profit, revenue or goodwill arising from your use of the Site or information on the Site.  Subject as provided below, all terms implied by law are excluded.

We accept liability for death or personal injury caused by our negligence or responsibility for fraudulent misrepresentation that cannot, under English law, be excluded.

WARNING:  The information on the Site is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific investment, or other, decisions.  You should take your own advice. 

  1. Legal Jurisdiction

English law shall apply to these terms and conditions, notwithstanding the jurisdiction where you are based.  We will try to resolve any disagreements quickly and efficiently.  If you are not happy with the way that we may deal with any disagreement, you irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions and for those purposes you irrevocably submit all disputes to the jurisdiction of the English courts.  The place of performance shall be England.

We make no warranty or guarantee that the Site or information available over it complies with laws other than those of England.  Accessing the Site from territories where its contents are illegal or unlawful is prohibited.  If you choose to access the Site from locations outside the United Kingdom, you do so on your own initiative and you are responsible for compliance with local laws.

  1. General

Any formal legal notices should be sent to us at the following address:

Albani Limited
Chiltern House
45 Station Road

Failure by us to enforce a right does not result in waiver of such right.

You may not assign or transfer your rights under these terms and conditions.

Nothing in these terms and conditions is intended to, nor shall it, confer any benefit on a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.