The www.mymillerstreet.co.uk Website (the "Website") is provided, owned and controlled by Miller Homes Limited (a company registered in Scotland with company number SC255429) of Miller House, 2 Lochside View, Edinburgh Park, Edinburgh, EH12 9DH ("Miller") to you (the "User") subject to the following terms and conditions (the "Terms and Conditions"). Miller can be contacted at mhweb.enquiries@miller.co.uk and Miller's VAT number is 269690702.
In using the Website the User indicates his or her agreement to be bound by these Terms and Conditions. In agreeing to be bound by the Terms and Conditions, the User agrees to be bound by the terms set out in the other documents referred to in these Terms and Conditions including without limitation the Privacy Policy attached to these Terms and Conditions, and the expression "Terms and Conditions" shall be deemed to include these other materials.
The User further agrees that he or she has read and understood these Terms and Conditions. If a User has any queries please send them by email to mhweb.enquiries@miller.co.uk
Miller shall be entitled to terminate the User's permission to use any secure area of the Website at any time if the User breaches these Terms and Conditions. Miller shall be entitled to terminate the operation of the Website at any time. Miller shall provide thirty (30) days notice of any such termination by posting a notice to that effect on the Website. If Miller terminates the operation of the Website it shall be the User's responsibility to download and retain copies of any and all information which the User has posted on the Website which the User wishes to retain.
The following terms shall have the meaning given below:-
"Access Policy" means Miller's policy in respect of access to User Material as set out in these Terms and Conditions;
"Customer" means any User who: (i) is a Householder; or (ii) is authorised by a Householder to use the Neighbour Area, whether by virtue of being an occupant of the Householder's home or otherwise;
"Customer Information" means any and all information posted or uploaded onto the Neighbour Area by a Customer;
"Development" means a single named housing development incorporating a fixed number of Miller Homes built on or around the same date;
"Householder" means a Customer who has purchased a Miller home and to whom a User name and password for the Website has been issued by Miller;
"Miller Purposes" means the use and operation of the Website in accordance with its normal functionality as described in the Website from time to time, including, without limitation, the following functionality:-
(a) the operation and use of a "My Locality" tool which allows Users to request information on local amenities including schools, public transport and local government;
(b) the operation and use of a "Sustainable Lifestyle Calculator" to allow Users to input information to assess their individual impact on the environment; and
(c) the operation and use of the Neighbour Area;
"Neighbour Area" means the secure areas of the Website named "My Neighbours" and "Message Board" allowing Customers with permitted access to interact with other Customers;
"Privacy Policy" means the Miller Privacy Policy made available on the Website as that policy may be updated from time to time;
"User Material" means any and all information posted or uploaded onto the Website by the User or made available by the User to be posted or otherwise made available on the Website, including Customer Information; and
"User" means any user of the Website.
The User acknowledges and accepts that Miller may from time to time alter any aspect of the Website, or any of the services or products provided through the Website, as it thinks fit and without notice to the User. Further, Miller may alter the Terms and Conditions at any time by giving 30 days notice on the Website. The User accepts that it will have no claim for breach of contract or otherwise in respect of any such alteration.
The User warrants and undertakes that in its use of the Website it shall:-
(a) use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by, any third party;
(b) not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;
(c) not upload, post, transmit or distribute any material or information which contravenes any applicable law or any person's legal rights;
(d) without prejudice to the generality of paragraph (b) above, not upload, post, transmit or distribute any material or information in which the User does not own or have a licence to use the intellectual property rights, or any material which is in any way unlawful or which is potentially harmful, threatening, abusive, libellous, defamatory, pornographic or otherwise obscene, (whether racially or ethnically) or otherwise objectionable or damaging to the reputation of Miller;
(e) not upload, post, transmit or distribute any material or information which contains a computer virus, or other code, files or programs intended or having the effect of disrupting or otherwise adversely affecting the operation of the Website or of other Users' computer hardware or software; and
(f) use current virus checking software when using the Website.
Miller shall have the right to disable access of any User to the Website at Miller's sole discretion if Miller reasonably believes that such User is in breach of these Terms and Conditions and in particular any of the obligations set out above relating to User conduct.
Each Householder shall be responsible to Miller for ensuring that any other Customer who has been authorised by the Householder to use the Householder's user name and password complies with the Terms and Conditions. Each Householder shall ensure that and Miller shall be entitled to assume that any changes made to any Customer Information have been made by the relevant Customer.
The Website has two levels of access:-
Level 1: this is the general area of the Website which contains general information in relation to Miller and contains the 'My Locality' and 'Sustainable Lifestyle Calculator' tools. This section of the Website is not password protected and does not make User Material available to other Users.
Level 2: access is provided to Customers only on a User name and password protected basis. Customers will gain access to all information posted on the Neighbour Area section of the Website by other Customers in the same Development and will be able to exchange information with other Customers to the benefit of the community as a whole.
It is the Customer's responsibility to keep its Website passwords confidential. The Customer must not disclose, or allow any other person to use, its Website passwords. The Customer should inform Miller as soon as possible if its passwords become known by someone else. The Customer is responsible for all activities carried out using the Customer's Website passwords.
The secure area of the Website uses standard industry best practices and procedures to protect the security of Customer Information. Miller also uses virus checking software in respect of the operation of the Website.
The Customer hereby grants to Miller a non-exclusive, perpetual, irrevocable, royalty free licence to use and reproduce the Customer Information for the purpose of the operation of the Neighbour Area and to post and make available the Customer Information on the Neighbour Area on the following conditions:-
Miller shall be entitled to disclose the Customer Information to other Customers in accordance with the Access Policy and the Privacy Policy for the purposes of allowing Customers to make use of the Neighbour Area.
The Customer indemnifies, and shall keep indemnified, Miller against any and all loss, damages, costs and expenses (including legal expenses) caused by any breach of the "User Conduct" provisions of these Terms and Conditions by the Customer (whether or not relating to the Customer Information).
The Customer acknowledges that all Customer Information originates from Customers and the Customer who posts that information is responsible for it.
The Customer acknowledges that in using the Neighbour Area and Messageboard the Customer may be exposed to Customer Information which is defamatory, indecent, illegal or offensive. Although Miller will use reasonable endeavours to remove any Customer Information brought to Miller's attention which in Miller's opinion may be defamatory, indecent, illegal or offensive, Miller does not monitor the Customer Information and does not warrant or guarantee the accuracy of Customer Information or that the Customer Information will not be defamatory, indecent, illegal or offensive.
Miller shall have the right to disable access of any Customer to the Website and to remove any Customer Information at Miller's sole discretion if:-
(a) Miller reasonably believes that the relevant Customer Information is not provided in good faith and in accordance with the Access Policy; or
(b) Miller reasonably believes that the relevant Customer Information is defamatory, indecent, illegal or offensive; or
(c) Miller has received a complaint alleging that the relevant Customer Information is defamatory, indecent, illegal or offensive.
MILLER SHALL TAKE REASONABLE CARE IN PREPARATION OF THE CONTENT OF THE WEBSITE (THE "CONTENTS"), BUT OTHERWISE EXCLUDES, INSOFAR AS PERMITTED BY LAW, ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED IN RESPECT OF THE CONTENTS AND IN PARTICULAR IS NOT LIABLE FOR ANY CONTENTS PROVIDED BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION ANY CONTENT RELATING TO SCHOOL CATCHMENT AREAS OR THE AVAILABILITY OF ANY OTHER LOCAL SERVICES AND AMENITIES IN THE 'MY LOCALITY' SECTION OF THE WEBSITE AND ANY OUTCOMES PREDICTED BY THE 'LIFESTYLE CALCULATOR' SECTION OF THE WEBSITE.
THE USER ACKNOWLEDGES AND ACCEPTS THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT FREE AND MAY FROM TIME TO TIME REQUIRE PERIODS OF DOWNTIME (BEING PERIODS DURING WHICH THE WEBSITE IS NOT AVAILABLE TO THE USER) FOR THE PURPOSES OF REPAIR, MAINTENANCE AND UPGRADING.
ACCORDINGLY, MILLER DOES NOT GUARANTEE UNINTERRUPTED AVAILABILITY OF THE WEBSITE, BUT IT SHALL MAKE REASONABLE EFFORTS TO MINIMISE ANY PERIODS DURING WHICH THE WEBSITE IS NOT AVAILABLE.
MILLER WILL ENDEAVOUR TO ENSURE THAT NO UNAUTHORISED ACCESS IS GIVEN TO THE SECURE AREAS OF THE WEBSITE. HOWEVER, MILLER CANNOT GUARANTEE THAT UNAUTHORISED PERSONS WILL NOT BE ABLE TO ACCESS THE INFORMATION HOSTED OR DOWNLOADED FROM THE WEBSITE. MILLER SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST OR EXPENSE WHICH MAY BE SUFFERED BY ANY PERSON ARISING FROM ANY UNAUTHORISED ACCESS TO THE SECURE AREAS OF THE WEBSITE.
MILLER CANNOT GUARANTEE THAT THE WEBSITE AND ANY DOCUMENTS, FILES AND INFORMATION HOSTED OR DOWNLOADED FROM THE WEBSITE WILL BE FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, KEYSTROKE LOGGERS, SPYWARE OR OTHER HARMFUL PROGRAMS OR COMPUTER CODE DESIGNED TO ADVERSELY AFFECT THE OPERATION OF ANY COMPUTER SOFTWARE OR HARDWARE. MILLER SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST OR EXPENSE WHICH MAY BE SUFFERED BY ANY PERSON ARISING FROM ANY SUCH HARMFUL PROGRAMS OR COMPUTER CODE.
MILLER WILL NOT HAVE ANY LIABILITY TO ANY PERSON FOR ANY INDIRECT OR CONSEQUENTIAL LOSS.
THE USER ACCEPTS AND ACKNOWLEDGES THAT MILLER, ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OF ANY SORT, AND ADVISERS SHALL NOT IN ANY WAY BE LIABLE FOR ANY DAMAGE, LOSS, COSTS OR EXPENSES ARISING DIRECTLY OR INDIRECTLY FROM THE USER'S DOWNLOADING OF ANY OF THE CONTENTS FROM THE WEBSITE, OR ITS RELIANCE ON OR USE OF ANY OF THE CONTENTS FOR ANY PURPOSE.
NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT MILLER'S LIABILITY FOR: DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; ANY BREACH OF THE TERMS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982; FRAUD OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Website and its Contents may incorporate links to the web sites and services of third parties. Such links are provided for the User's convenience only, and their provision does not constitute an authorisation by Miller to the User to access such third party Websites, nor an endorsement of the content of such third party Websites by Miller.
The User acknowledges and accepts that Miller is not, and shall not be held responsible for any damages, loss, costs or expenses arising from the use of such third party Websites, or products or services available through such third party Websites.
Except where expressly indicated otherwise, copyright in all of the Contents of the Website belongs to Miller or third party licensors.
Notwithstanding the foregoing, Miller hereby authorises Users for the purposes of using the Website in accordance with the User's obligations under these Terms and Conditions to:-
(a) view and display the Contents;
(b) download the Contents and store them in the User's computer (for example in the browser's cache) for a period not exceeding thirty days, provided that the User also downloads any relevant copyright notice; and
(c) print out the Contents, provided that the User also prints out any relevant copyright notice attached to the Contents.
The names and logos identifying the Website and Miller and its products and services are either (a) proprietary marks of Miller or (b) marks which Miller is licensed to use. Nothing in these Terms and Conditions shall confer on the User any licence of any such mark or of any other intellectual property right of Miller or any third party (subject always to the above provisions relating to copyright).
These Terms and Conditions shall be deemed to include any other policies published on the Website from time to time, including but not limited to rules relating to the data protection policy of Miller, as set out in the Privacy Policy.
These Terms and Conditions, the Privacy Policy and any other specific terms of use appearing anywhere on the Website constitute the entire agreement of the parties in relation to the use of this site, and the Terms and Conditions supersede any other agreements between the parties in this matter. All other terms, conditions, warranties or other stipulations concerning the Website whether express or implied by common law or under statute are excluded to the fullest extent permitted by law.
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
The rights of Miller and the User under these Terms and Conditions may be exercised as often as necessary. They are cumulative and not exclusive of either party's rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right.
Both parties shall comply with all applicable laws in performing their obligations pursuant to these Terms and Conditions
Neither party shall be liable for any breach of these Terms and Conditions to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power cuts or fuel shortages.
Miller is aware that some Users may suffer from disabilities which make it difficult to access and use all parts of the Website. Within the constraints of the technology used to construct the Website, Miller has taken reasonable efforts to make the Website accessible to disabled Users. As this is a pilot website, Miller would like to receive feedback from disabled users to help identify any features which such Users may find difficulty with and to allow Miller to deliver improvements to the service received by such Users. If a disabled User requires advice or would like to give feedback in relation to use of the Website, he/she should contact Miller at Miller House, 2 Lochside View, Edinburgh Park, Edinburgh, EH12 9DH; Tel 0870 336 5000; email mhweb.enquiries@miller.co.uk.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland. Any disputes arising here from shall be subject to the non-exclusive jurisdiction of the courts of Scotland.
Non-Acceptance of the Terms and Conditions
If these Terms and Conditions are not accepted in full, you do not have permission to access the Contents of the Website and therefore should cease using the Website immediately.
Registered Office - Miller Homes Limited, Miller House, 2 Lochside View, Edinburgh Park, Edinburgh EH12 9DH. Registered Scotland 255429