Terms of Service

Introduction

The legal owner of this business and website is Fyneside Developments Limited, a company registered in Scotland, SC331130. These terms and conditions apply between you, the User of this Website and include any sub-domains owned by the business including:

Jim J Davidson

Jim J Davidson Partnership

Fyneside Developments

Build It & Prosper

Members Build it & Prosper

Property eBook

Plot Checklist

Finding Land

In all instances we will refer to all these businesses and websites henceforth for the rest of this document be referred to as ““The Partnership”” Where we uses the term “Website” we are referring to all our websites and subdomains.

Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by “The Partnership” and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to “The Partnership” and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

1. All Content included on the Website, unless uploaded by Users, is the property of “The Partnership”, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
2. You may, for your own personal, non-commercial use only, do the following:
   1. Retrieve, display and view the Content on a computer screen
   2. Print one copy of the Content
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of “The Partnership”.

Prohibited use

You may not use the Website for any of the following purposes:

1. In any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website.
2. In any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order.
3. Making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.

Registration

1. You must ensure that the details provided by you on registration or at any time are correct and complete.
2. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
3. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
4. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Links to other websites

1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of “The Partnership” or that of our affiliates.
2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy and Cookies Policy

Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following:

Availability of the Website and disclaimers

1. Any online facilities, tools, services or information that “The Partnership” makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. “The Partnership” is under no obligation to update information on the Website.
2. Whilst “The Partnership” uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
3. “The Partnership” accepts no liability for any disruption or non-availability of the Website.
4. “The Partnership” reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Reliance on information posted

All content published on our website and in our publications (including in the members area of the website) is published in good faith. However, we do not guarantee that the information contained on our website is accurate, verified or complete. All such content is provided on an “as is” basis, and we disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website (including registered members), or by anyone who may be informed of any of its contents.

Limitation of liability

1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
2. To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
3. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
4. To the maximum extent permitted by law, “The Partnership” accepts no liability for any of the following:

• Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities.
• Loss or corruption of any data, database or software.
• Any special, indirect or consequential loss or damage.
• In circumstances where you suffer loss or damage arising out of or in connection with the use of the website, we accept no liability for this loss or damage. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exd. In circumstances where you suffer loss or damage arising out of or in connection with the use of the website, we accept no liability for this loss or damage. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

1. Loss of income or revenue.
2. Loss of business. Loss of profits or contracts.
3. Loss of anticipated savings.
4. Loss of data.
5. Loss of goodwill.
6. Wasted management or office time.
7. Any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Build It & Prosper – Members Area

1. Use of the Members Area is only granted to those who are paying members of the Build It & Prosper Members Area
2. Promotion of good, services and products related to your business is strictly prohibited and breach of this condition can result in immediate ban, with no refund.
3. If you are promoting good, services or products which are related to your business, then this must be declared when doing so. It will be our our discretion whether point 24. above has been breached.
4. The Members Area is a place to a grow property development business and any negative, trolling or aggressive behaviour will not be tolerated. Breach of this condition can result in an immediate ban with no refund.
5. Membership of The Members Area is on a strictly individual basis. Any member found sharing their login details, content or parts/resources/tools of Build It & Prosper Members Area with any non-members will be in breach of the terms. Breach can result in an immediate ban of the Build It & Prosper Members Area with no refund.

General

1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
3. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceable of the other provisions of these terms and conditions will not be affected.
6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
7. This Agreement shall be governed by and interpreted according to the law of Scotland and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Scottish courts.
8. The 30-day money back guarantee will only be accepted and refund provided if the member has not downloaded and stored any of the “Build It & Prosper – Members Area” resources, tools, videos, content or anything offered as being a member.
9. The 30-day money back guarantee is for the first payment a member makes and will only be for the first 30 days of year 1 of an annual membership, and the first 30 days of quarter 1 for a quarterly member.
10. A member who leaves the “Build It & Prosper – Members Area” and then returns will not have the benefit of the 30-day money back guarantee. This is only for new and first-time members.

“The Partnership” details

1. “The Partnership” owned by Fyneside Developments Limited, 174 High Street, Newburgh, Cupar, Fife, KY14 6DZ all websites listed at the beginning of this agreement.
2. You can contact “The Partnership” by email on support@jimjdavidsonpartnership.com

Privacy Policy

Introduction

This privacy policy applies between you, the User of this Website and Jim J Davidson Partnership companies (which includes Fyneside Developments Ltd, Build It & Prosper, Jim J Davidson) and will henceforth be referred to as “The Partnership” the owner and provider of this Website. ““The Partnership ““takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

This privacy policy should be read alongside, and in addition to, our Terms and Conditions, which can be found at: https://www.jimjdavidsonpartnership.com/terms-and-conditions/

Definitions and interpretation

In this privacy policy, the following definitions are used:

Data

Collectively all information that you submit to ““The Partnership ““via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws.

Cookies

A small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies)

Data Protection Laws

The General Data Protection Regulation (EU) 2016/679

The Partnership

Includes businesses and websites owned and operated by Fyneside Developments Limited having their registered office at 174 High Street, Newburgh, Cupar, Fife, KY14 6DZ

Fyneside Developments Ltd – www.fynesidedevelopments.com

Jim J Davidson – www.jimjdavidson.com

Build It & Prosper – www.builditandprosper.com

Members – Build It & Prosper – www.members.builditandprosper.com

7 Imminent Dangers to Your Property Business – www.property-ebook.com

Plot Checklist – www.plotchecklist.com

Finding Land – www.findingland.co.uk

UK and EU Cookie Law

The Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronxic Communications (EC Directive) (Amendment) Regulations 2011.

User or you

Any third party that accesses the Website and is not either

(i) employed by ““The Partnership ““and acting in the course of their employment or

(ii) engaged as a consultant or otherwise providing services to ““The Partnership ““and accessing the Website in connection with the provision of such services.

Website

The websites that you are currently using, and those controlled by “The Partnership”  and any sub-domains of this site unless expressly excluded by their own terms and conditions.

In this privacy policy, unless the context requires a different interpretation:

1. The singular includes the plural and vice versa.
2. References to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
3. A reference to a person includes firms, companies, government entities, trusts and partnerships.
4. Where “including” is understood to mean “including without limitation”.
5. Reference to any statutory provision includes any modification or amendment of it.
6. The headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy

1. This privacy policy applies only to the actions of ““The Partnership ““and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.
2. For purposes of the applicable Data Protection Laws, ““The Partnership ““is the “data controller”. This means that ““The Partnership ““determines the purposes for which, and the manner in which, your Data is processed.

Data collected

1. Name
2. Contact Information such as email addresses and telephone numbers
3. IP address (automatically collected)
4. Web browser type and version (automatically collected)
5. Operating system (automatically collected)
6. In each case, in accordance with this privacy policy.

How we collect Data

We collect Data in the following ways:data is given to us by you; and

1. Data is given to us by you; and
2. Data is collected automatically.

Data that is given to us by you

“The Partnership “will collect your Data in a number of ways, for example:

1. When you contact us through the Website, by telephone, post, e-mail or through any other means.
2. When you register with us and set up an account to receive our products/services.
3. When you make payments to us, through this Website or otherwise.
4. When you elect to receive marketing communications from us.
5. When you use our services.

in each case, in accordance with this privacy policy.

Data that is collected automatically

To the extent that you access the Website, we will collect your Data automatically, for example:

1. We automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
2. We will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, refer to our “Cookies Policy Page”

Keeping Data secure

We will use technical and organisational measures to safeguard your Data, for example:

1. Access to your account is controlled by a password and a user name that is unique to you.
2. We store your Data on secure servers.

Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: support@jimjdavidsonpartnership.com

If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org Get Safe Online is supported by HM Government and leading businesses.

Data Retention

1. Use of the Members Area is only granted to those who are registered members of the Build It & Prosper Members Area
2. Promotion of good, services and products related to your business is strictly prohibited and breach of this condition can result in immediate ban, with no refund.
3. If you are promoting good, services or products which are related to your business, then this must be declared when doing so. It will be our our discretion whether point 2 above has been breached.
4. The Members Area is a place to a grow property development business and any negative, trolling or aggressive behaviour will not be tolerated. Breach of this condition can result in an immediate ban with no refund.
5. Membership of The Members Area is on a strictly individual basis. Any member found sharing their login details, content or parts/resources/tools of Build It & Prosper Members Area with any non-members will be in breach of the terms. Breach can result in an immediate ban of the Build It & Prosper Members Area with no refund.

General

1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
3. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceable of the other provisions of these terms and conditions will not be affected.
6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
7. This Agreement shall be governed by and interpreted according to the law of Scotland and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Scottish courts.
8. The 30-day money back guarantee will only be accepted and refund provided if the member has not downloaded and stored any of the “Build It & Prosper – Members Area” resources, tools, videos, content or anything offered as being a member.
9. The 30-day money back guarantee is for the first payment a member makes and will only be for the first 30 days of year 1 of an annual membership, and the first 30 days of quarter 1 for a quarterly member.
10. A member who leaves the “Build It & Prosper – Members Area” and then returns will not have the benefit of the 30-day money back guarantee. This is only for new and first-time members.

“The Partnership” details

1. “The Partnership” owned by Fyneside Developments Limited, 174 High Street, Newburgh, Cupar, Fife, KY14 6DZ  all websites listed at the beginning of this agreement.
2. You can contact “The Partnership” by email on support@jimjdavidsonpartnership.com