Last Updated:  1^st October 2021 

1. Our terms

Hyperion R&D Investment Ltd owns and operates this website https://noarkhomes.co.uk and https://noarkhomes.com (‘Site’). Hyperion R&D Investment Ltd (‘we’ or ‘us’) ask that you should read these terms and conditions (“Terms and Conditions”) carefully. By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and Conditions and the documents referred to in them (if any). If you do not agree with or accept any of these Terms and Conditions, you should stop using the Site immediately. These Terms and Conditions may be changed by us from time to time and, if we do so, the up-to-date version will always be available on the https://noarkhomes.co.uk and https://noarkhomes.com website, indicating the last updating time at the top.

Please ensure that you check these Terms and Conditions regularly to view any changes which may have been made to them, because by continuing to use the Site after these Terms and Conditions have changed, you confirm that you have read and understood, and agree to be bound by any revised Terms and Conditions.

2. Your Information and Privacy

Please note that we do not collect, store, use or transfer any data and do not use cookies on the Site.

3. Conduct

You agree (i) not to use the Site to upload or distribute in any way files that contain viruses, bugs, corrupted files, or any other similar software or programs that may damage any computer hardware or software or its operation; (ii) not to interfere or disrupt the Site or any networks connected to the Site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of the Site or any transactions being offered at the Site; and (iv) not to take any action that imposes an unreasonable or disproportionately large load to the Site, our services or on our infrastructure;. You agree not to use the services available at the Site for illegal purposes, and to comply with all applicable regulations, policies, and procedures of networks connected to the Site.

4. Intellectual Property, prohibited use

All information and material including data, images, text, and audio on the Site is the property of Hyperion R&D Investment Ltd and/or its licensors and is subject to copyright or other intellectual property rights. All trademarks on the Site are the property of Hyperion R&D Investment Ltd and/or its licensors. You are entitled to view, copy and print any documents from the Site but only for your own internal business purposes. Any sale, transmission or redistribution of the Site or its content, and any copying, modification or other use of the Site or its contents for any purposes other than your own internal business purposes, are strictly prohibited.

5. Software

All software used on the Site is the property of Hyperion R&D Investment Ltd or its software suppliers or licensors. Hyperion R&D Investment Ltd hereby grants you a non-exclusive, royalty-free, non-transferable, revocable license to use the software it owns or has licensed solely for the purposes of these Terms and Conditions. Other than to the extent permitted by law, you may not decompile, reverse engineer or otherwise translate such software.

6. No Warranties

Without limiting the foregoing, Hyperion R&D Investment Ltd does not make any warranty that (i) the services offered on the Site will meet your requirements, (ii) the services offered on the Site will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Site or the services will be accurate or reliable, (iv) the content or information available on the Site or the services is complete, accurate or available, or (v) the quality of any products, services, information, or other material purchased or obtained by you from us or the services will meet your expectations. No advice or information, whether oral or written, obtained by you from Hyperion R&D Investment Ltd or through the Site shall (i) create any warranty not expressly made herein, or (ii) be construed as a waiver of any of the above warranty disclaimers. The Site and the services are provided “as is” and “as available” and, to the extent permitted by applicable laws, we expressly disclaim all other express or implied warranties, representations and terms, including but not limited to any warranties of merchantability, correctness and fitness for a particular purpose.

7. Limited Liability

You acknowledge and agree that, to the extent permitted by applicable laws, Hyperion R&D Investment Ltd shall not be responsible or liable for any direct, indirect or consequential damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through the Site. If you decide to access any of the third party sites linked to the Site, you do this entirely at your own risk and liability.

To the extent permitted by applicable laws, Hyperion R&D Investment Ltd and its shareholders and affiliates shall not be liable for any loss of business, loss of use or of data, interruption of business, lost profits or goodwill, or indirect, special, incidental, exemplary or consequential damages of any kind arising out of these Terms and Conditions, even if they have been advised of the possibility of such loss and whether or not they had any knowledge, actual or constructive, that such damages might be incurred. This exclusion includes, without limitation, any liability that may arise out of third-party claims against you. To the extent permitted by applicable laws, the total aggregate liability of us under or in relation to these Terms and Conditions and for all causes of action shall be limited to an amount of £ 800. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Site or services provided on the Site or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. Nothing in these Terms and Conditions excludes or limits a party’s liability for death or personal injury caused by negligence or to damages caused by gross negligence or wilful misconduct.

8. Indemnity

You shall indemnify, defend, and hold harmless Hyperion R&D Investment Ltd and its shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including legal and accounting fees) that they may sustain or incur arising from (i) your use of the Site or the software or services available at the Site, (ii) your failure to comply with any applicable laws and regulations or to obtain any licences or approvals from the appropriate government agencies necessary to purchase or sell the subject of the services, (iii) your use of the content available on the Site in any way contrary to these Terms and Conditions, (iv) your breach of any of your representations, warranties or obligations set forth in these Terms and Conditions, (v) the sale or purchase, or purported sale or purchase, of the services by you, or any loss suffered by or harm to any person or property in any way relating to or caused in whole or in part by the services sold or purchased by you (including to the extent permissible by law, without limitation, any personal injuries or death of any third person caused in whole or in part by such services), (vi) any taxes attributable to the services or due on the purchase or sale of the services, (vii) any dispute between you and any insurer or other vendor arising out of any insurance or other product or service accessible on the Site, or (viii) alleged errors or omissions or misrepresentations in the information provided by you to Hyperion R&D Investment Ltd hereunder or in the listings of services on the Site. You agree not to settle any action, claim or demand on our behalf without our prior written consent. Hyperion R&D Investment Ltd shall have the right to conduct any litigation, with counsel of its choice, at your expense.

9. Termination

A party may terminate these Terms and Conditions without any liability to the other party if: (i) the other party becomes insolvent, applies for or is adjudicated in bankruptcy or liquidation or corporate restructuring or otherwise ceases to carry on its business; or (ii) the other party is in material breach of these Terms of Conditions and fails to remedy such breach within thirty (30) days from the date of receipt of a written notice by the non-defaulting party, such written notice detailing the breach and the intention to terminate. We shall be entitled to terminate these Terms and Conditions with immediate effect and without any obligation to pay damages or any other liability to you where you have used or allowed any third party to use the Site or the services contrary to these Terms and Conditions or when a serious data security threat so demands.

Hyperion R&D Investment Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the services offered under the Site (or any part thereof) without notice. You agree that Hyperion R&D Investment Ltd shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the services offered on the Site. Notwithstanding termination of these Terms and Conditions, 7 (No Warranties), 8 (Limited Liability), 9 (Indemnity), 10 (Termination) and 11 (General) shall survive the termination and shall continue in full force and effect.

10. General

This Site is created and controlled by Hyperion R&D Investment Ltd in the United Kingdom and the laws of England and Wales govern this agreement and you and Hyperion R&D Investment Ltd agree to submit to the exclusive jurisdiction of the courts of England and Wales.

Any waiver of any right or provision of these Terms and Conditions will be effective only if signed by Hyperion R&D Investment Ltd and the failure of Hyperion R&D Investment Ltd to exercise or enforce any term or condition shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.

Hyperion R&D Investment Ltd reserves the right to make changes to the Site and these Terms and Conditions at any time.

Hyperion R&D Investment Ltd reserves the right to refuse to list or to discontinue the listing of any services as it may choose in its sole discretion and without notice. Without limiting the generality of its right to exclude or discontinue the listing of services, Hyperion R&D Investment Ltd may, in its sole discretion, exclude services from the Site if they are believed not to meet applicable industry standards, applicable laws or if Hyperion R&D Investment Ltd receives complaints from users of the Site regarding listed services.

The rights and limitations in these Terms and Conditions are for the benefit of Hyperion R&D Investment Ltd and a person who is not a party to these Terms and Conditions has no right enforce any term of these Terms and Conditions, provided however that the parties agree that the benefits of these Terms and Conditions are expressed to be for the benefit of Hyperion R&D Investment Ltd and of its affiliates; the parties acknowledge that each and any of the foregoing shall be entitled in its own right to require by the relevant contracting party the due performance of each such provision as aforesaid and solely to this end, Hyperion R&D Investment Ltd is entering into these Terms and Conditions not only in its own right but also as trustee and agent for each of its affiliates.

You are not permitted to assign any of your rights under these Terms and Conditions without the prior written consent of Hyperion R&D Investment Ltd. You may not issue press releases or make any public statement regarding your use or participation in the Site without the prior written permission of Hyperion R&D Investment Ltd.

You and Hyperion R&D Investment Ltd are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Hyperion R&D Investment Ltd is intended or created by these Terms and Conditions.

11. Finally – if in doubt, contact us

If you have any queries, comments or complaints regarding the Site or these Terms and Conditions, just get in touch. You can write to us at:

Corporate name: Hyperion R&D Investment Ltd.

Address of the head office: Office 5 The Round House, Dormans Park Road, East Grinstead, West Sussex, RH19 2EN

The registration number: 09342237 @ Companies House