TERMS AND CONDITIONS
Cushman & Wakefield LLP is a limited liability partnership registered in England
and Wales with registered number OC328588. The term partner is used to refer to a member of
Cushman & Wakefield LLP or an employee or consultant with equivalent standing and
qualifications. A list of the members of Cushman & Wakefield LLP and of the
non-members who are designated as partners is open to inspection at its registered office,
43-45 Portman Square, London, W1A 3BG.
These are the terms and conditions (the "Terms") of the Cushman & Wakefield
LLP (which includes all group companies, international partnerships and affiliated
organisations, including alliance and associated offices)("C&W")("we"
or "us") web site. Please read these Terms carefully, they set out the basis on which
you are allowed to use this web site (the "Site"), the Discussion Forum ("the
Forum") and the information contained within them (the "Content"). They are to
protect you as a user of the Site ("User") and to prevent the Site from being used
for any illegal or offensive purposes.
The Site is offered to you conditionally on your agreement to these Terms and your continued
use of the Site signifies your acceptance of them. If you are using this Site in the course of
your employment or on behalf of an organisation, you agree that you are an authorised
representative of your organisation and that you have authority to bind your organisation to
these Terms. The Authorised Use Policy set out below and available on the Site applies to
anyone using the Site and you are responsible for ensuring that employees or agents of your
organisation are made aware of and comply with this.
1.OUR SERVICES
1.1 The services provided through the Site are governed by these Terms. We may, from time to
time, make the following services available:
1.1.1 Market Reports - Market Reports concerning the property market and other related subjects
are available for purchase from the Site.
1.1.2 Discussion Forum - The Site contains an online Forum where Users can make contributions
to the Site and communicate with other Users of the Site.
2.GENERAL USE OF THE SITE AND THE FORUM
2.1 You must not post any Content on the Site or Forum or use the Site or Forum in any way
that is or may be considered to be:
2.1.1 in breach of any obligations or duties of confidentiality, or in breach of any
obligations on you under the Data Protection Act 1998 in the UK or under any such equivalent
legislation in your relevant jurisdiction;
2.1.2 capable of infringing any other person or other entitys intellectual property rights
(including but not limited to copyright, trade marks, design rights or database rights);
2.1.3 in breach of any applicable law, whether criminal or otherwise; or
2.1.4 offensive, obscene, insulting, false, defamatory, unreliable, misleading or otherwise
inappropriate.
2.2 In addition, you must not use the Site or Forum to:
2.2.1 abuse, harass, stalk or threaten others;
2.2.2 advertise or offer to sell any goods or services (other than in accordance with these
Terms), or conduct or forward surveys, contests or chain letters;
2.2.3 upload files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of our or any other computer;
2.2.4 upload files which contain an active hypertext link to another web site; or
2.2.5 download any file posted by us or another User that you know or reasonably should know,
cannot be legally distributed in such manner.
2.3 You must not frame or link to the Site or any part of it or the Forum without our express
permission.
2.4 We shall be entitled at any time to delete, remove or suspend the whole or any part of the
Site, including any Content that you provide, without notice to you and without incurring any
liability.
2.5 We may block or withhold your access to the Site if we have reasonable grounds to suspect
any breach by you of these Terms, that we or any User has incurred or may incur any liability
in connection with the Site, or if your use or Content is otherwise inappropriate.
2.6 Unless otherwise indicated on the Site, you may download to a local hard disk and print
extracts from the Site solely for personal, non-commercial use and you may also recopy
downloaded extracts to others for their personal, non-commercial use.
2.7 Unless otherwise indicated on the Site, you must not reproduce part or all of the Content
in any form unless it is for personal, non-commercial use in accordance with Clause 2.6
above.
2.8 Unless otherwise indicated on the Site, you must not copy or otherwise incorporate into or
store in any other web site, electronic retrieval system, publication or other work any of the
Content in any form (whether hard copy, electronic or other format).
3.USE OF THE FORUM
3.1 We do not monitor messages posted to the Forum and accept no responsibility or liability
for any such messages. We reserve the right in accordance with our take down policy to remove
or edit any messages posted to the Forum as soon as we receive a complaint about any message or
we otherwise become aware that the content of a message is inappropriate.
3.2 C&W is not responsible for and shall have no liability and expressly excludes all
liability in relation to any expressions of opinion, data, information or any other material
whatsoever which is submitted on this Site by any User of the Forum. C&W shall not be
liable for any application of or reliance on any information contained on this Site which has
been submitted by a third party via the Forum.
4.PURCHASING MARKET REPORTS
4.1 Market Reports may be purchased from the Site under C&Ws Terms and Conditions of
Sale available from the footer bar on this page.
5.INTELLECTUAL PROPERTY
5.1 If you upload Content to the Site or Forum, you grant C&W a licence to use,
reproduce, modify, adapt, publish, create derivative works from, distribute and display in
public that Content in any form and media on or in connection with the Site, at no cost to us
and for as long as we require and you warrant that you own the intellectual property rights in
such Content and have the right to grant this licence. You will indemnify us and keep us
indemnified from and against all costs, claims, damages and expenses made against or incurred
by us as a result of a third party alleging that the use of such Content by us infringes the
intellectual property rights of a third party.
5.2 All intellectual property rights and goodwill in or relating to C&W including the name,
logo and any associated rights, belong to C&W, whether on a global or regional level.
Subject to Clause 5.1 above, all intellectual property rights and goodwill in or relating to
the Content belongs to C&W or our partners or licensors.
5.3 Except as expressly specified in Clause 2.6 above or as clearly stated on the Site, nothing
in these Terms may be construed as granting any licence or right to use any intellectual
property of C&W, our partners or licensors without our express written permission.
6.DATA PROTECTION
6.1 Users may provide us with personal information about themselves and others. Generally
this information is requested when you register for membership or when you use any of the
services offered by the Site.
6.2 Our use of personal data is governed by our privacy policy which forms part of these Terms
and is available at the end of these Terms and from the foot of this page.
7.LIMITATION OF LIABILITY AND DISCLAIMERS
7.1 Nothing in these Terms operates so as to exclude, limit or restrict C&Ws liability
for death or personal injury or our liability for fraud or fraudulent misrepresentation.
7.2 C&W is not responsible for any Content posted by our partners or by Users. We do not
warrant the accuracy of this or any other Content in any respect and we cannot be held liable
for any use you may make of it or any reliance you may place on it. Any recommendation or other
information on any area of the Site or Forum is used by you at your own risk.
7.3 Any link on the Site is provided solely for your information and convenience. A link does
not represent any endorsement or recommendation by C&W and does not mean that we have any
association with the linked web site. We are not responsible for the content of any linked web
site.
7.4 C&W will not be liable to you or any third party for any claim to the extent that the
same is characterised as a claim for, or arising from:
7.4.1 loss of profits or anticipated savings;
7.4.2 loss of goodwill or injury to reputation;
7.4.3 loss of business opportunity;
7.4.4 loss of data;
7.4.5 loss as suffered by third parties;
7.4.6 indirect, consequential or special loss or damage
regardless of the form of action, whether in contract, strict liability or tort (including
negligence) and regardless of whether C&W knew or had reason to know of the possibility of
the loss, injury or damage in question.
7.5 C&W is not liable for any failure to perform any obligation caused by matters beyond
our reasonable control (including without limitation any failure of transmission, inability to
access the Site or Forum or any failure, error or delay in the sending or receiving of any
communication).
7.6 C&W is not liable for any loss, damage or other liability whatsoever arising from any
Content, activity, terms or policies on or in connection with the Site or Forum or from any
separate agreement which you may enter into with another User.
7.7 Without affecting the rest of these Terms, the total liability of C&W to you under
these Terms (whether arising in negligence or otherwise) will not exceed the sum paid by you
for services received through the Site.
7.8 C&W excludes all warranties, conditions and terms, whether express or implied to the
fullest extent permitted by law in respect of the Site.
7.9 You agree to indemnify us against all liabilities, claims and expenses that may arise from
any breach of these Terms by you, your employees or agents from any use of the Site or Forum or
from any of your Content.
GENERAL
8.1 If any term of these Terms is held to be invalid or unenforceable by judicial decision,
the rest of the Terms shall remain valid and enforceable.
8.2 C&W reserves the right to change these Terms from time to time. If we change these
Terms, we shall notify you of this fact on the home page of the Site and shall post the new
version on the Site stating when such revised version comes into effect. You will be taken to
have agreed to such revised version if you continue using the Site after expiry of any notice
period. You should check the Terms periodically to ensure that you are aware of and are
complying with the current version.
8.3 These Terms and any documents referred to in them are governed by and construed in
accordance with the laws of England and Wales and you and we agree to submit to the exclusive
jurisdiction of the English courts for the determination of disputes.
8.4 These Terms constitute the entire agreement between us in respect of the subject matter
contained in these Terms and supersede and replace all prior or contemporaneous understandings
or agreements, written or oral, regarding such subject matter.