TERMS AND CONDITIONS OF WEBSITE USE

This page (together with the documents referred to on it) details the terms of use of the website www.macmic.co.uk (the "Site"), whether you are accessing the Site as a guest or a registered user.

Please read these terms of use ("Terms") carefully before using the Site. By using the Site, you accept these Terms and the Privacy Policy and agree to abide by them. If you do not agree to these Terms, you must not use the Site.

INFORMATION ABOUT US 

The Site is operated by Springfield M&M Homes Limited (“The Company”), a company registered in Scotland under registration number SC731239 and with its registered office at Alexander Fleming House, 8 Southfield Drive, Elgin, Morayshire, United Kingdom, IV30 6GR.

The Company can be contacted at homes@macmic.co.uk. For the purpose of the Terms, the Privacy Policy and the Site, the Company includes Springfield M&M Homes Limited (“The Company”), a company registered in Scotland under registration number SC731239 and with its registered office at Alexander Fleming House, 8 Southfield Drive, Elgin, Morayshire, United Kingdom, IV30 6GR, any subsidiaries of that company and any other companies in which Springfield M&M Homes Limited has a 50% or greater shareholding.

ACCESSING THE SITE

The Site has two levels of access:-

General Access Level: you do not need to register to use this area of the Site and can access general information about the Company and information about our products and services. The Site has a search tool which enables you to find properties which match specified criteria and access to detailed information on each of the developments, including site and floor plans.

Secure Area Level: you must register in order to access this part of the Site. Access will only be provided to you on a user name and password-protected basis. The benefits of registering are that you can access your personalised portfolio and can save searches conducted by you and access more information on available properties, including progress with your specific plot. We do offer restricted access to each client’s specific plot post-reservation only at our Castle Grove development. By accessing their plot, the client can access the Kitchen Styler and style their own kitchen design. Nothing on this Site will constitute a contract of sale between you and the Company. If you are interested in reserving a plot/ property or to find out more, please contact a Company representative at your development of interest. Being a registered user allows you to specifically request communication or contact from the Company, for example, request a brochure or a call from the Company, contact a development directly or email a friend with details relating to the Company, property or development.

If you register on the Site, you will register a username and password as part of our security procedures. You must keep your password confidential and must not disclose it to any third party. Failure to comply with our Terms & Conditions will result in your username and password being disabled without notice.

Please note that by using this Site you agree to the Company’s collection of certain information (personal data) about you. A description of how we will use your personal data can be found in our Privacy Policy

USER OBLIGATIONS AND CONDUCT

You warrant that in using the Site you shall:-

(a) use the Site only for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use of the Site 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 you do not own or have the right to use in accordance with intellectual property rights or any material which is unlawful or which is potentially harmful, threatening, abusive, defamatory, pornographic or otherwise obscene, racially or ethnically or otherwise objectionable or damaging to the reputation of the Company;

(d) not to access, interfere with, damage or disrupt any part of the Site, any equipment, systems or network used to operate the Site, or attempt to access the secure area other than by using your username and password;

(e) transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer or hardware;

(f) use current virus checking software when using the Site; and

(g) not reproduce, duplicate, copy or re-sell any part of the Site.

The Company has the right to disable your access to the Site and/or remove any content posted by you at its sole discretion if the Company reasonably believes you are in breach of these Terms and in particular any of the requirements set out above relating to User Obligations and Conduct.

By breaching provisions (d) and (e) above, you may commit a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities and disclose your identity, if known by the Company.

TRADE MARKS

The names and logos identifying the Site and the Company and its products and services are either (a) proprietary marks of the Company or (b) marks which the Company is licensed to use. Nothing in these Terms allows you any licence or permits use in any way of any mark or of any other intellectual property right (including patents, copyright and related rights, moral rights, trade marks and series marks, business names, domain names, rights in get-up, design rights, rights in computer software, database rights, confidential information, all whether registered or unregistered and all applications for such rights) of the Company or any third party (subject to the provisions below relating to copyright).

COPYRIGHT

The copyright in the content of all the pages on the Site is owned by the Company and its licencors (except where otherwise stated). Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions.

The Company authorises you to carry out the following actions, provided that you comply with the User Obligations and Conduct (as stated above):-

(a) view and display the content of the Site;

(b) print or download to a local or network hard drive extracts from or whole pages for your personal use, provided you do not delete the copyright notice "© Springfield M&M Homes Limited." from all such printouts and downloads.

You must not modify the paper or digital copies of any materials that you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You are not permitted to incorporate any materials, or any part of the materials, from the Site to any other work or publication, whether in hard copy or electronic or any other form.

No part of the Site may be distributed or copied for any commercial purpose or non-personal use.

RELIANCE ON INFORMATION POSTED

The Company operates a policy of continual product development and all specifications outlined on this Site are indicative only.

Any alterations to the specifications will be of equal or greater value and the Company reserves the right to implement changes without warning.

Details on this Site are prepared with all due care for the convenience of informing prospective purchasers. The information is intended as a preliminary guide only and should not be relied upon. The Company accepts no responsibility and will not be liable for any loss or damage howsoever arising as a result of any reliance by you or any third party on any statement or information on this Site.

The Site contains photographic illustrations taken from various Company developments. They are intended as a guide, indicating the typical style of property and finish at Mactaggart and Mickel homes at our current or previous developments. Customers should note that any computer generated image or photograph on this Site does not necessarily represent the actual finishings /elevation or treatments, furnishings and fittings at any individual development and that any images/computer-generated image used on the Site is for indicative purposes only.

Room measurements given are approximate only. Floor plans, dimensions and specifications on any particular development are correct at the date noted on the individual illustration. Some internal images contain upgrades to fixtures, fittings and appliances not available as standard.

Nothing contained on this Site shall constitute or form part of any contract of sale or purchase.

For specific and up to date details relating to any individual development, you are encouraged to speak to the Company representative at your development of interest.

SITE AVAILABILITY

The Company reserves the right to withdraw or amend the service provided on the Site without notice. The Company will not be liable if, for any reason, the Site is unavailable at any time or for any period. The Company aims to update the Site and its content regularly and without notice. If the need arises, the Company may suspend access to the Site or close it indefinitely. Any of the material on the Site may be out of date at any given time and the Company is under no obligation to update such material.

DISCLAIMER

The company will take reasonable care in preparing the content of the site, but the material displayed on the site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law the company, its officers, employees, agents, representatives and other members of the company's group of companies and third parties connected to the company hereby expressly exclude:

(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of delict; and

(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the site, any websites linked to it and any materials posted on it, including without limitation, any liability for loss of income or revenue, business profits or contracts, anticipated savings, loss of data or goodwill, wasted management or office time and for any further loss or damage of any kind, howsoever arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable.

The company cannot guarantee that the site and any documents, files and information hosted or downloaded from the site will be free from viruses, trojan horses, worms, time bombs, keystroke loggers, spyware and other harmful programs or computer code designed to adversely affect the operation of any computer software or hardware. The company shall not be liable for any damage, loss, cost or expense which may be suffered by any person arising from any such harmful code or computer code. 

Nothing in this clause or these terms and conditions shall exclude or limit the company's liability for death or personal injury arising from the company’s negligence, nor liability for fraudulent misrepresentation, nor any breach of the terms implied by section 12 of the Sale of Goods Act 1979, nor section 2 of the Supply of Goods and Services Act 1982, nor any other liability which cannot be excluded or limited under applicable law.

You acknowledge and accept that computer and telecommunications systems are not fault-free and may from time to time require periods of downtime (being periods during which the site is not available to the user) for the purposes of repair, maintenance and upgrading.

Accordingly, the company does not guarantee uninterrupted availability of the site, but it shall make reasonable efforts to minimise any periods during which the site is not available.

Property prices and availability prescribed on the site are provided for guidance only and users should contact their local company sales team to confirm up to date information on property price and availability. All prices listed exclude land and building transaction tax, stamp duty and any other applicable taxes unless otherwise specified.

INFORMATION ABOUT THE USER AND THE USER'S VISITS TO THE SITE

The Company processes information about users of the Site in accordance with the company's Privacy Policy. By using the Site, you consent to such processing and warrant that all data provided by you is accurate.

HYPERLINKS

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. The Company does not endorse those sites or their content and has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

GENERAL

These Terms, the Privacy Policy and any other specific terms of use appearing anywhere on the Site constitute the entire agreement of the parties in relation to the use of the Site, and the Terms supersede any other agreements between the parties in this matter. If there is any conflict between these Terms and any information posted anywhere on the Site, these Terms shall prevail.

If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent that the term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

The rights of the parties under these Terms 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. Neither party shall be liable for any breach of these Terms 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.

The Company is aware that some users may suffer from disabilities which make it difficult to access and use some parts of the Site. Within the constraints of the technology used to construct the Site, the Company has made reasonable efforts to make the Site accessible to disabled users. The Company would like to receive feedback from disabled users to help identify any features which such users may find difficult to use and to allow the Company 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 Site, they should contact the Company at homes@macmic.co.uk

VARIATIONS

The Company may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the Company made, as they are binding on you. These Terms are effective from 11/07/22.

JURISDICTION AND APPLICABLE LAW

These Terms are governed by and shall be construed in accordance with Scots law. For the purposes of any claim by you against the Company, the Scottish Courts shall have exclusive jurisdiction in respect of any such claim or proceedings for breach of these Terms or which arises from or is related to your access to the Site. The Company retains the right to bring proceedings against you for breach of these Terms or arising from or related to your access to the Site in Scotland, your country of residence (if not Scotland) or any other country where jurisdiction can be founded.

USER'S CONCERNS

If the user has any concerns about material which appears on the Site, please contact homes@macmic.co.uk

RECOMMEND A FRIEND OFFER

 The person that you recommend must give us the ‘Recommend a Friend’ leaflet when they first call or visit our sales office, so that you can be eligible to receive your £500 when they move in. The ‘Your Details’ section on the ‘Recommend a Friend’ leaflet must be filled in by you, and ‘Your Friend’s Details’ must be filled in by the person you recommend. Both parts must be signed. The Sales Consultant will then countersign the completed leaflet and retain this on file. When the person that you recommend buys a Mactaggart & Mickel home, we will then present you both with a cheque for £500. Participation in this offer is at the sole discretion of Mactaggart & Mickel. To use ‘Recommend a Friend’ you must have legally completed on your Mactaggart & Mickel home. Your details will appear on the UK Disclosure of Incentives form under the section Introductory Fees. Your friend should be aware that some mortgage lenders may not accept cash incentives as part of their clients’ purchases such as the ‘Recommend a Friend‘ £500 which would be received after legal settlement. Please speak to your Sales Consultant for more details. Your friend’s financial advisor can advise them further. Click for a downloadable version of this information.

"LOYAL TO YOU" £1,000 LOYALTY CASH BACK OFFER

To be eligible for this offer you must have purchased your existing Mactaggart & Mickel home after 1st January 2010 and you must still be the owner and occupier of the home. Your home must have been purchased directly from us and not as a resale or second-hand property.

Participation in this offer is at the sole discretion of Mactaggart & Mickel. Please note some mortgage lenders may not accept cash incentives as part of their clients’ purchases such as the loyalty £1,000 reward which would be received within 30 days after legal settlement. Please consult your financial advisor for more information on mortgage conditions.

This incentive is not available in conjunction with other offers. Exclusions and conditions apply. Speak to your Sales Consultant for full details.

HOMES OF THE WEEK OFFERS 

Participation in all offers is at the sole discretion of Mactaggart & Mickel. Please ask your Sales Consultant for full details.

Guaranteed Buyer and Part Exchange is available on selected plots and developments subject to eligibility criteria, terms and conditions and availability. LBTT paid and Half LBTT paid offers are available on on selected plots and developments where stated, and are not available in conjunction with any other offers.

Cash Back offers are not available in conjunction with Help to Buy (Scotland) or any other offers.

£99 Reservation fees are non-refundable and available for a limited period only. 

PART EXCHANGE

Our Sales Consultants will go through the criteria for our Part Exchange with you, however the main points are summarised below:

• Your existing property must be within the Central Belt, Scotland
• The value of your property must be below 70% of the value of the new Mactaggart & Mickel home you wish to buy up to a maximum of £225,000 (development specific).
• You must be the owner of your current property
• Your current property must have been your main or only residence at some time during the last 2 years.
• The garden of your current property must be less than 0.5 hectares
• Your new Mactaggart & Mickel home must be intended for use as your main or only residence
• We must be satisfied of the suitability and saleability of your existing home
• Our offer of Part Exchange is dependent on a satisfactory Home Report and Title check
• The property must neither be on the market nor have been marketed within the past 12 months

BUILDING COMMUNITIES FUND (BCF) 

1. Applications to the Building Communities Fund are open to community organisations, charities and schools either:
   1. Based within a five mile radius of the eligible developments listed below
   2. Based elsewhere in the UK but delivering a project in an area within a five mile radius of the eligible developments listed below
2. Eligible developments are as follows:

   • Broom Grove, Whitecraigs

   • Buchanan Views, Killearn

   • Castle Grove, Newton Mearns

   • Carrongrove, Denny

   • Greenan Views, Doonfoot

   • Kelso Gardens, Symington

   • Lethington Gardens, Haddington

   • Midton Fields, Howwood, Renfrewshire

   • Milverton Grange, Lower Whitecraigs

   • Millerhill, Shawfair

   • Stewart Gardens, Malletsheugh

   • St Jude's Meadow, Milton-under-Wychwood

   • Childrey Park, East Challow

   • Sandringham Gate, Newton Mearns

   • MacGregor's Brae, Drymen

3. One new application may be made per year from an organisation. 
4. Donations are issued quarterly and successful applications will be informed by letter or email.
5. Monies will be paid by cheque or BACS to an appropriate named charity/organisation/school bank account.
6. By making a submission to the fund all applicants agree to participate in publicity.
7. Evidence of appropriate expenditure must be provided following any award.
8. All entries will be reviewed and assessed against the above criteria and the responses requested in the entry form. 
9. Decisions to award or not award donations will be final and no further correspondence will be entered into.