FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and coming partly into force on that date. DMCCA 2024, s 251 (which is not yet in force) will revoke the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277. Once revoked, the provisions presently contained in the CPUTR 2008 will be replaced by Part 4 of DMCCA 2024 (which largely replicates the requirements of the CPUTR 2008). The DMCCA 2024, Part 4, Chapter 2 (which is not yet in force) removes subscription contracts from the scope of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). The DMCCA 2024, Schedule 18 (which is not yet in force) will amend the Enterprise Act 2002 (EnA 2002) so as to omit Part 8. Once omitted, the provisions presently contained in the EnA 2002, Part 8 will be replaced by the DMCCA 2024, Part 3, Chapters 3 and 4. This Precedent will be updated for these changes in due course.

For further information on the DMCCA 2024, including a detailed comparison of the CPUTR 2008 and Part 4 of DMCCA 2024, see Practice Note: The Digital Markets, Competition and Consumers Act 2024—key provisions from a consumer protection perspective.

1. About our terms
   1. These terms and conditions of use (Terms) explain how you may use this website and any of its content (Site). These Terms apply between [insert name of website operator] (we, us or our) and you, the person accessing or using the Site (you or your).
   2. You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately.
   3. The Site is provided by us to you free of charge for information purposes only. OR These Terms apply to any parts of the Site, its functionality and content provided to you free of charge for informationpurposes only.
   4. If you would like these Terms in another format (for example: audio, large print, braille), please contact us using the contact details set out below.
2. About us
   1. We are Fermac Properties Limited a company registered in Northern Ireland under company registration number NI26668. Our registered office is at 5 Limavady Road, L’Derry, BT47 6JU. 
   2. If you have any questions about the Site, please contact us by:
      1. sending an email to info@fermacproperties.com , 
      2. calling us on 02871374550 (our telephone lines are open Monday to Thursday: 9 am to 5 pm and Friday 9am to 4pm).
   3. If you have a hearing or speech impediment, you can contact us using email.
3. Using the site
   1. The Site is for your [personal and non-commercial] use only.
   2. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
   3. We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
   4. We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using the contact details at the top of this page or use the website accessibility tools available at [insert link to accessibility tools].
   5. As a condition of your use of the Site, you agree not to:
      1. misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
      2. 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.
   6. We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.
4. Infringing content
   1. We will use reasonable efforts to:
      1. delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
      2. identify and remove any content that is unlawful, inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of our Acceptable Use Policy

when we are notified of the same. 

1. If you believe that any content which is distributed or published by the Site is unlawful, inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.

1. Your privacy and personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at [insert link], which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

1. Ownership, use and intellectual property rights
   1. The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.
   2. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
   3. Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
   4. Trade marks: Use by you of any trade marks on the Site or in the Content is strictly prohibited unless you have our prior written permission.
2. Submitting information to the site
   1. While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
   2. Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
3. Accuracy of information and availability of the site
   1. We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
   2. We may suspend or terminate access or operation of the Site at any time as we see fit.
   3. Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.
   4. While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.
4. Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.

1. Our responsibility to you
   1. If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time these Terms were formed, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
   2. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
   3. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
2. Events beyond our control

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.

1. No third party rights

No one other than us or you has any right to enforce any of these Terms.

1. Variation
   1. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 15.
   2. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
2. Complaints
   1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
   2. If a dispute cannot be resolved using our complaint handling procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
   3. To submit an ADR dispute to please ask us for the appropriate body for your issue by contacting us.
   4. If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.
   5. The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
   6. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.