Terms & Conditions
1. ACCEPTANCE OF TERMS
These are the terms and conditions (“Terms and Conditions”) of Capital & Counties Properties PLC, 15, Grosvenor Street, London, W1K 4QZ. Please read these terms carefully, they set out the basis on which you are allowed to use this web site (“the Site”), the information contained within it (the “Contents”) and our services. They protect you as a user of the Site and prevent the Site from being used for any illegal or unauthorised purposes.
2. INFORMATION ON OUR SITE
We do our best to ensure that the information on the Site is accurate and helpful at all times. However, we cannot ultimately warrant the accuracy of that information and cannot be held liable for any use or reliance you may make of or put on it except as specifically agreed with us in any further agreement we may make with you in writing.
The information contained on the Site is general in nature, and is intended to explain why many people think a major development could take place in this area, what might be included and what the benefits would be to both those living and working nearby and to London as a whole. The Site also provides the opportunity for you to have a say, share your views on the plans and help shape the future of Earls Court, West Kensington and North Fulham. Details of various events provided by Capital & Counties Properties PLC and will also be posted on the Site.
3. YOUR USE OF OUR SITE
You must not under any circumstances seek to undermine the security of the Site or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of this Site or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Site.
4. INTELLECTUAL PROPERTY
The copyright in the material contained on, in, or available through this Site including without limitation all information, data, text, music, sound, photographs, graphics, video messages or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to Capital & Counties Properties PLC, its group companies or affiliates. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated.
The trade marks, service marks, and logos (“Trade Marks”) contained on or in this Site are registered and/or owned by or licensed to Capital & Counties Properties PLC, its group companies or affiliates.
You may not reproduce part or all of the contents of the Site in any form unless it is for personal, non commercial use.
Except as specifically authorised above, you may not copy or otherwise incorporate into or store in any other website, electronic retrieval system, publication or other work any of the content of the Site in any form (whether hard copy, electronic or other).
You may not frame or link to the Site or any part of it without our express permission.
Save as expressly stated or as necessary to view, print or download extracts of the Material for personal use, none of the Trade Marks or Material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited or disseminated in any form whatsoever without the prior written consent of Capital & Counties Properties PLC, the relevant group company or affiliate.
You agree to indemnify and keep indemnified, us, our officers, directors, agents, licensors, successors and assigns against all liabilities, costs, losses, damage and expenses, including without limitation legal fees incurred by us should you breach any of the terms of this section (Intellectual Property).
Sections of the Site are only available when you register with the Site. You will need a user name and password which you will select as part of the registration process. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any password.
6. LINKS TO THIRD PARTY SITES
This Site may include links to other sites which are not owned, operated, or controlled by Capital & Counties Properties PLC (“Third Party Sites”). Capital & Counties Properties PLC provides you with such links solely for your convenience. The inclusion of such links does not mean or imply that Capital & Counties Properties PLC endorses the Third Party Sites, its availability or contents or any agreement or understanding you enter into with a third party through a Third Party Website. Capital & Counties Properties PLC does not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you in respect of these Third Party Websites.
7.1 Use of this Site, Third Party Websites, links to the Third Party Websites, and any information available via the Site is at your own risk. To the maximum extent permitted by law Capital & Counties Properties PLC disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Site, Third Party Websites, links to Third Party Websites, and information available via the Site.
7.2 We do our best to ensure that the Site operates properly at all times, but we make no warranties as to the availability or accessibility of the Site, and (save as otherwise set out in these terms and conditions) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Site.
7.3 Capital & Counties Properties PLC will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Site, any Third Party Websites, links to Third Party Websites, the information or any products, or services offered on or through this Site or Third Party Website, whether by Capital & Counties Properties PLC or on its behalf, for any:
7.3.1 economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
7.3.2 loss of goodwill or reputation; or
7.3.3 special or indirect or consequential loss.
7.4 If Capital & Counties Properties PLC is liable to you directly or indirectly in relation to this Site, any Third Party Websites, links to Third Party Websites, information on the Site or any products, or services offered on or through this Site or Third Party Website, that liability (howsoever arising) shall be limited to £100.
7.5 Capital & Counties Properties PLC will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Site for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
7.6 Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of Capital & Counties Properties PLC or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.
7.7 Where you deal as a consumer, nothing in the above exclusions affects your statutory rights.
9. FORUM RULES
You are solely responsible for any information submitted by you to our Site. You are responsible for ensuring that all information supplied by you is:
- true, accurate and up-to-date
- not misleading or likely to mislead or deceive
- not defamatory of any person
- not obscene, offensive, hateful or inflammatory
- not promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- not disclosing the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual
- not infringing any copyright, database right or trade mark of any other person
You will not upload, post, email, transmit, or otherwise make available:
- any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, whether commercial or otherwise
- any information which is false, misleading, un-necessary and/or repetitive including any information which is inaccurate, out-of-date or repeats that previously uploaded, posted or displayed by you or another visitor, unless absolutely necessary
- any information to a part of the Forum which is irrelevant to the subject of the Forum
You will not register an account with the Site under more than one user name and/or user account number.
You will not breach the terms of any suspension or ban or seek alternative access to the Site.
In the interests of free speech, you will not bring any action for defamation against Capital & Counties Properties PLC, or any of its group companies or affiliates.
You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to this Site.
Capital & Counties Properties PLC reserves the right to control the content of the forum and as such may monitor usage of the forum. As a consequence of monitoring the forum Capital & Counties Properties PLC may edit or remove information from a message or a post before allowing it to appear on the forum and this right continues once information has appeared on the forum. However, Capital & Counties Properties PLC does not guarantee the accuracy, integrity or quality of such content. Failure by Capital & Counties Properties PLC to remove or delete offensive or inappropriate content does not waive our right to remove or delete offensive or inappropriate content in subsequent or similar cases.
Capital & Counties Properties PLC shall have the right (but not the obligation) in its sole discretion to delete, edit, lock, move or remove any content and/or to remove or suspend the whole or any part of the Site without notice and without incurring any liability.
Capital & Counties Properties PLC cannot guarantee how quickly content will be posted on the forum as this will depend on other editorial commitments.
Without limiting the foregoing, Capital & Counties Properties PLC shall have the right without notice to record the IP address from which any content is posted or uploaded to or otherwise transmitted through this Site and to lock or remove any content which violates these Terms and Conditions or is or may be irrelevant, out of date, inappropriate or objectionable in any way whatsoever or in respect of which Capital & Counties Properties PLC receives any complaint (whether valid, justified or not).
If you upload, post or otherwise transmit any content to this Site (including, without limitation, if you post a message to a forum, upload files or input data) you are wholly responsible for it. You hereby:
(a) grant Capital & Counties Properties PLC and its group companies an irrevocable, perpetual, royalty-free right to use, distribute, copy, edit, adapt, license, distribute, transmit, publish, publicly perform or display any such content in any form or medium anywhere in the world; and
(b) irrevocably and unconditionally waive any moral rights you have in the content pursuant to the Copyright, Designs and Patents Act 1988 (as amended, superseded or replaced from time to time) (the “Act”) or any similar rights you have under any equivalent legislation anywhere in the world.
These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and Capital & Counties Properties PLC concerning your use of this Site and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and Capital & Counties in relation to such matters. Capital & Counties Properties PLC reserves the right to update these Terms and Conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded on to this Site and your continued use of the Site will constitute your acceptance of such updated Terms and Conditions. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorised representative on behalf of Capital & Counties Properties PLC. You should check the terms and conditions periodically to ensure that you are aware of and complying with the current version.
These Terms and Conditions shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
Capital & Counties Properties PLC’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Capital & Counties Properties PLC in writing.
Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, Capital & Counties Properties PLC and its group of companies.