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Terms of Use

1.    Introduction

Welcome to newbuildguru.com. This is the website for New Build Guru Homeowners Community Interest Company ('we', 'us' or 'our'), a co-operative member organisation for UK new build homeowners. Please read these Terms of Use before using our site. By using our site you agree to be bound by these terms.

We may change these terms at any time by posting them to this page. Changes will become effective as soon as they are posted. It is your responsibility to check these terms regularly and make sure you are aware of them. If you continue to use our site after we post changes to these terms, you will be bound by the changes.

2.    What New Build Guru does

New Build Guru publishes specialist guidance notes, articles, electronic newsletters and other media designed to help inform and educate new build homebuyers about common risks associated with buying new build homes, improve their understanding of the buying process, and help them deal more effectively with construction defects and other common problems they may encounter after completing their purchase.

We also help our Members (those who use our paid services) achieve affordable, cost-effective and fair outcomes in relation to a range of common problems with new build homes including design and construction defects, based on best-practice.

3.    What New Build Guru doesn't do

Our free-to-access guidance notes articles and newsletters do not constitute any form of advice, recommendation, representation or arrangement by us and are not intended to be relied upon by you in making, or refraining from making, any specific decisions relating to your purchase or ownership of a new build home.  You should always do your own further reading and research on top, check your own contractual and warranty arrangements carefully, ensure our content is relevant to your circumstances, and seek independent legal advice if are unsure about your situation.

4.    Privacy

Your privacy is extremely important to us.  Please read our Privacy Policy to see how we manage the information you share with us.

5.    Links

We may include details of, and links to, third party websites.  We are not responsible for the content on third party websites, which you use at your own risk.

When you use other websites, any personal information you give them will be dealt with in line with their privacy policies, not ours.  It is your responsibility to check the privacy policies of such website.

You may link to our site but only with our prior consent and in compliance with any terms or conditions we may at our sole discretion impose. You must also comply with all applicable laws.

6.    Our content

All content on our site is owned by us or our licensors and is protected by English and international copyright laws.

Our content includes any information or other material found on newbuildguru.com, including articles, graphics, software and all other features of our site.  You are allowed to use our content for personal, non-commercial use only.  None of our content may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent.

7.    Your content

You own any copyright in any posts you make in our forums.  However, when you post text, you expressly grant us a perpetual, unlimited free licence to republish that text on our site and to redistribute/make available and/or sell that text in print or electronic form anywhere in the world as part of an edited compilation or otherwise.

8.    Forums

We provide private, Member-only discussion forums. "Members" are those who use any of our paid services available via this website. Your use of these forums must be lawful and in accordance with these Terms and Conditions.

You may not use or post on our forums or monitor the activities of forum users if you are an employee, agent, representative, affiliate or otherwise connected directly or indirectly to a housebuilder, developer or any contractor employed by or otherwise engaged in any capacity with a housebuilder or developer.

You may not use the forums for any illegal purpose and in particular you may not:
•    Post or transmit material that infringes the intellectual property or other rights of others, or post or transmit any material that contains extremist views, is unlawful, obscene, libellous, threatening, harassing, abusive, hateful, or embarrassing to any other person as determined by us in our sole discretion;
•    Post or transmit chain letters or pyramid schemes;
•    Impersonate another person;
•    Disguise the IP address of the connection used to post any message;
•    Post or transmit any files containing viruses or other harmful computer code;
•    Harvest or otherwise collect or use information about others without their explicit consent;
•    Allow any other person or entity to use your identification for posting or viewing comments or for communicating with other users;
•    Post the same note more than once or 'spam';
•    Knowingly post untrue information about another person or business with the intention of harming their reputation or livelihood;
•    Engage in any conduct that restricts or inhibits any other person from using our forums or which, in our judgement, exposes us to any liability or detriment of any type.

Any posting of information in the forums is the opinion of the person posting only and in no way reflects our opinions or attitudes.  You rely on information in our forums entirely at your own risk.

New Build Guru does not as a matter of course monitor the use of our forums so we rely on you to inform us if you spot any abuse or inappropriate behaviour, in which case we will review specific postings or messages. If you become aware of postings or receive messages that contain extremist views or appear to incite or promote terrorist activities, please contact us at forums@newbuildguru.com.  Please include a link to the offending material.

We reserve the right to do any or all of the following:
•    record the communications in our forums;
•    investigate a claim that a communication does not comply with this clause and determine in our sole discretion to remove or request the removal of the communication(s);
•    remove without notice communications which are abusive, illegal, contain extremist views, are disruptive, or otherwise fail to conform with our Terms & Conditions;
•    terminate a user's access to post messages;
•    monitor, edit, or disclose any communication;
•    edit or remove any communication(s) posted on our website, regardless of whether such communication(s) breaches Terms & Conditions;
•    charge offenders for the administrative costs of identifying and removing their posts at the rate of £55 plus VAT per hour necessarily spent plus any external costs that we incur;
•    take legal action to recover these costs;
•    report offenders to the authorities if their actions appear to amount to a breach of the Computer Misuse Act 1990 or any other relevant criminal legislation.
Any decision we make to remove or request the removal of any communication or to terminate or suspend the posting privileges of any user shall be final and binding. The termination or suspension of posting privileges shall apply to any and all user accounts that may have been used by that person.

9.    Membership of New Build Guru Homeowners CIC ('the co-operative')

Users who use any of the paid services available via this website will become Members of the co-operative, subject to also meeting our Eligibility Criteria for Members. Members are required to comply with the Rules of the Co-Operative as well as observing these Terms of Use.

10.    Exclusions of liability

We provide our site in good faith but we cannot and do not warrant the completeness, truth or accuracy of the information or other content or postings on our site, or their usefulness for any particular purpose. You acknowledge and agree that you bear full responsibility for your own research and decisions and that we shall not be liable for any action that you or others take or don't take based on your use of or reliance on information provided by us or other users.

We do not guarantee that your access to our site or its content will be delivered uninterrupted, timely or error-free, or that the site will be free from viruses or other harmful properties. It is your responsibility to implement satisfactory safeguards and procedures to make sure any files you obtain through our Site are free from such contaminations or other harmful properties.

You agree that under no circumstances will we be held liable for any direct, indirect, incidental or other type loss or injury resulting from your use, or downloading of any content on our site.

11.    Indemnity

You agree to indemnify, defend and hold harmless us, our directors, officers, employees and licensors from and against any claim, liability, cost, damage or loss we may incur (including reasonable legal fees) as a result of any material that you post or transmit on our forums, any actions you take which disrupt access to and/or the functioning of our site or any breach by you of your obligations under our Terms & Conditions.

12.    Severance; jurisdiction

If any of these provisions is deemed invalid, void or unenforceable that provision will be deemed severable from the rest and will not affect the validity and enforceability of any remaining provisions.

Our Site is directed to users in mainland England and Wales only unless otherwise specified for specific items posted on the site.
Our Terms & Conditions shall be governed by the laws of England and any dispute between us will be resolved exclusively in the Courts of England.

13.    Changes

These Terms & Conditions were published on 29 September 2020 and replace with immediate effect the previous Terms publishded on 4 September 2019.