1. About this site
1.1 This site has been created and is maintained by Property International.
2. Accessing This Site
2.1. We reserve the right to amend or withdraw the services we provide on this site without notice. We will not be liable if for any reason this site is unavailable at any time or for any period.
2.2. From time to time, we may restrict access to some or all parts of the site, for maintenance or security purposes.
2.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user identification code, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
3. Permitted Use
3.1. Subject to clause
3.2, you may print and download extracts from this site for non-commercial use on the following basis:
3.1.1. no documents or related graphics on the site are modified in any way;
3.1.2. no graphics on the site are used separately from accompanying text; and
3.1.3. no copyright and trade mark notices are removed.
3.2. You agree not to:
3.2.1. use the site to promote any other business or website;
3.2.2. post external web links or telephone numbers on the site;
3.2.3. use any part of the materials on this site for commercial purposes without obtaining our written permission beforehand;
3.2.4. copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any content of this site, except as permitted above.
4.1. The information contained in the material on this site is for information purposes only and does not constitute advice. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of this site, or by anyone who may be informed of any of its contents.
4.2. Subject to clause 4.3 and to the extent permitted by law, we hereby expressly exclude:
4.2.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
4.2.2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with use of this site, including without limitation any liability for: loss of income, revenue, profits, contracts or any other form of business (including good will and time).
4.3. We do not exclude liability for death or personal injury arising from our negligence nor any other liability which cannot be excluded or limited under applicable law.
5.1 You agree not to disclose and to treat as strictly confidential all information received or obtained as a result of using this site.
5.2 This obligation shall not apply to disclosure by you of information that:-
5.2.1 has come into the public domain through no act or omission by you;
5.2.2 is otherwise previously known to you as not having been received in breach of any confidentiality undertaking; and
5.2.3 is required to be disclosed by law or by any regulatory or government body with whose directions you are required to comply.
6. Intellectual Property Rights
6.1. Unless otherwise specified, we are the owner or licensee of all intellectual property rights in the site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2. Unless otherwise specified, the authors of the literary and artistic works in the materials contained in the site have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works.
7. Third Party Material
7.1 This site may contain material submitted and created by third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material and we take no responsibility for such material.
8. Material Submitted By You
8.1. By submitting any material to us, you:
8.1.1. automatically grant us a royalty-free, perpetual, irrevocable licence to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content; and
8.1.2. waive all your moral rights in such materials.
8.2. You acknowledge that we are not obliged to publish any material submitted by you.
8.3 You agree not to post any material:
8.3.1. that is threatening, defamatory, offensive, abusive, liable to incite racial hatred, discriminatory, blasphemous, pornographic, in breach of confidence, in breach of privacy; or for which you have not obtained all necessary licences and/or approvals; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or data).
8.4. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting material in breach of clause.
9. Hyperlinks from this site
9.1. Where this site contains hyperlinks to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them except as may be required by law.
10. Data Protection and Privacy
11.1 If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
12. Force Majeure
12.1 We shall not be liable to you for any delay or non-performance of our obligations under this agreement due in whole or in part to causes such as: act of God, governmental act, war, fire, flood, earthquake, explosion, civil commotion, industrial dispute, armed hostilities, act of terrorism, revolution, blockade, embargo, industrial or trade dispute, disease, accident to (or breakdown of) plant or machinery, unforeseen shortages or unavailability of any raw materials, transport, electricity or other supplies, regulatory intervention or any other causes which are not within our reasonable control.
12.2 Subject to our delay, we will promptly notify you in writing of the cause and the likely duration of the delay and provided that we shall use reasonable endeavours to limit the effect of such event on you, the performance of our obligations, to the extent affected by the delay, shall be suspended during the period that the cause persists provided that if performance is not resumed within 60 days after that notice you may by written notice terminate this agreement.
13.1 We shall be entitled to terminate this agreement on 30 days prior written notice to you.
13.2 This agreement may be terminated by us immediately by notice in writing to you if you:
13.2.1 commit a material or persistent breach of any of your obligations under this agreement and where such breach is remediable fail to remedy it in 30 days after service of written notice from us requiring such remedy;
13.2.2 being a company, calls any meeting of its creditors, has an administrator, administrative receiver or other receiver of all or any of its assets appointed or applies for, or enters into liquidation; or
13.2.3 is affected in any way under any jurisdiction other than England and Wales, by any equivalent to any of the things referred to in paragraph 13.2.3 of this clause.
13.3 Upon termination of this agreement, for any reason:
13.3.1 you shall immediately cease using our services, permanently delete any access passwords for the services and;
13.3.2 you shall immediately pay Property International any outstanding sums due to Property International pursuant to this agreement;
13.3.3 Termination of this agreement shall not affect the accrued rights or liabilities of Property International under this agreement nor any provision of this agreement which is expressed or required to survive or operate in such event.
14. Entire Agreement
14.1. This Agreement constitutes the entire agreement between you and us concerning the subject matter hereof. All prior agreements, discussions, representations, warranties and covenants are merged herein.
14.2 There are no warranties, representations, covenants or agreements, expressed or implied, between the parties except those expressly set forth in this agreement.
15.1 None of the rights or obligations under this agreement may be assigned, sub-contracted or transferred without our prior written consent save that we may perform its obligations hereunder through other companies within the Property International Group.
15.2 A person who is not a party to this agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
15.3 Nothing in these conditions shall be deemed to create any kind of partnership or joint venture between Property International and you.
15.4 Property International may vary these conditions at any time by giving at least one month's written notice to you.
16. Jurisdiction and Applicable Law
16.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, this site. These terms and conditions are governed by English Law.
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