Terms & Conditions

1. Introduction

1.1 These terms and conditions shall govern your use of our website and any applicable promotions.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, we will ask you to expressly agree to these terms and conditions.

1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our cookies policy.

2. Copyright notice

2.1 Copyright 2022 Elivia Homes.

2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Licence to use website

3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website.

3.2 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.3 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.

3.4 You may redistribute our newsletter in print and electronic form to any person.

3.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Registration and accounts

5.1 To be eligible for an individual account on our website under this Section 5, you must be at least 18 years of age and resident in the United Kingdom.

5.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

6. User IDs and passwords

6.1 If you register for an account with our website, we will provide you with a user ID and password.

6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3 You must keep your password confidential.

6.4 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7. Cancellation and suspension of account

7.1 We may:
(a) suspend your account;
(b) cancel your account; at any time in our sole discretion without notice or explanation.

7.2 You may cancel your account on our website using our contact page

8. Limited warranties

8.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.

8.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

8.3 To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

9. Limitations and exclusions of liability

9.1 Nothing in a contract under these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.

9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in a contract under these terms and conditions:
(a) are subject to Section 9.1; and
(b) govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.

9.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

9.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

9.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

9.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

9.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

9.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

10. Breaches of these terms and conditions

10.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.

10.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

11. Variation

11.1 We may revise these terms and conditions from time to time.

11.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

11.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

12. Assignment

12.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

12.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

13. Severability

13.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

13.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14. Third party rights

14.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

14.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

15. Entire agreement

15.1 Subject to Section 9.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

16. Law and jurisdiction

16.1 A contract under these terms and conditions shall be governed by and construed in accordance with English law.

16.2 Any disputes relating to a contract under these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

17. Our details

17.1 This website is owned and operated by Elivia Homes.

17.2 We are registered in England and Wales under registration number 5011077, and our registered office is at Apollo House, Mercury Park, Wycombe Lane, Wooburn Green, Buckinghamshire, HP10 0HH

17.3 You can contact us by writing to the business address given above, by using our website contact form or by telephone on 01494 685930.

18. Credit

18.1 This document was created using a template from SEQ Legal. ​ Company Registration Information

19. Incentives

19.1 The Making Moves scheme helps you buy and sell with confidence. The process is that we or a third party will sell your property for you and even pay towards the agent's fees. A price is agreed with you, and you will be kept updated about visits and offers.   

Please note that this scheme cannot be used in conjunction with any other offer and is only available on select Elivia Central and Eastern developments.  

For more information, please contact us on 07494179728 (for Elivia Central) or 01843 880430 (for Elivia Eastern).   

19.4 A financial incentive of up to £5,000 to use towards moving fees is available on selected homes at Lanthorne Place (Plots 35, 37, 38, 41, 45, 46, 47 & 48 only). To qualify for this offer, the home must be reserved by 31st March 2024. Final amount subject to lender criteria, qualification, and acceptance of cash incentives. Please note that this offer is only valid for new reservations and cannot be combined with any other offers or selling schemes. We retain the right to withdraw this promotion at any given time. For more information, please contact us on 01843 880430.

19.5 A financial incentive of up to £15,000 is available at The Nurseries on No.4 Spring Gardens only. To qualify for this offer, the home must be reserved by 31st March 2024. Final amount subject to lender criteria, qualification, and acceptance of cash incentives. Please note that this offer is only valid for new reservations and cannot be combined with any other offers or selling schemes. We retain the right to withdraw this promotion at any given time. For more information, please contact us on 01622 410622.

19.6 Armed Forces Discount is available on select Central and Southern developments. This incentive is to assist military servicemen and women onto the property ladder and will be offered a contribution, up to £5,000. Please note that this offer cannot be used in conjunction with any other offers.  For more information, please contact us on 07494179728 (for Elivia Central) and 01489 773577 (for Elivia Southern). 

19.7 Key Worker Discount is available on select Central and Southern developments.   

This scheme is a special discount up to the value of £15,000 off the purchase price of your new home. This offer is open to key workers only and cannot be used in conjunction with any other offer.  

To be eligible you must be a key worker for:  

  • The NHS;  

  • Fire Service;  

  • Police Force;  

  • Ministry of Defence (MOD);  

  • Environmental Agency;  

  • Highways England;  

  • Education Sector;  

  • Local Authority;  

  • Prison Service;  

  • Probation Service.   

For more information, please contact us on 07494179728 (for Elivia Central), 01489 773577 (for Southern).

19.8 Financial incentives of up to £20,000 available at St George’s Place, Netley Grange and Hawkin’s Field are only available on selected plots. To qualify for this offer, the home must be reserved by 29th February 2024. Final amount subject to lender criteria, qualification, and acceptance of cash incentives. Please note that this offer is only valid for new reservations and cannot be combined with any other offers or selling schemes. We retain the right to withdraw this promotion at any given time. For more information, please contact us on 01489 773577

Company registration information

Elivia Homes Limited is registered at Companies House (registration number: 05011077)