Terms & Conditions
Please read this carefully. By accessing Property Funds Research web site
at http://www.propertyfundsresearch.com (the
"Web Site") you are agreeing to the terms that appear below, whether
or not you register as a user. The Web Site is referred to in these terms as
"the Site". If you have any questions, please contact jf@propertyfundsresearch.com.
These Terms were last updated on 1st October 2003
1. Introduction
The Site is owned and operated by Property Funds Research Limited ("PFR").
As a user, you may be able to access material on some areas of the Site without
going through the registration process. Certain areas of the Site are only open
to you if you register. There is no specific time limit applying to your access
and use of the Site on these Terms. However, PFR reserves the right to suspend
or terminate your access and use of the Site at any time. It may exercise this
right with or without
notice. If applicable, notice will be given to your e-mail address as notified
to PFR. In that event, notice will be deemed to be served three hours after
transmission or posting.
2. Use of PFR Content
All material on the Site and News by E-mail (the "Content") belongs
to PFR or its licensors. You may retrieve and display Content from the Site
on a computer screen or mobile telephone, print individual pages on paper (but
not photocopy them) and store such pages in electronic form on disk or on your
mobile telephone (but not on any server or other storage device connected to
a network) for your personal, non-commercial use.
Except as expressly set out above, you may not reproduce, modify or in any way
commercially exploit any of the Content. In particular, but without limiting
the general application of the restrictions contained in the preceding sentence,
you may not do any of the following without prior written permission from PFR:
- redistribute any of the Content (including by using it as part of any library,
archive or similar service);
- remove the copyright or trade mark notice from any copies of Content made
under these Terms;
- create a database in electronic or structured manual form by systematically
downloading and storing all or any of the Content.
Requests to republish or redistribute Content should be addressed to Jane Fear
at jf@propertyfundsresearch.com You acknowledge
that "Property Funds Research", "PFR”, “Private
Property Europe" and “PP-UK” are trade marks and that
you may not use them without written permission from PFR.
If you would like to provide a link to the Site from your own web site, please
read and comply with the following guidelines and all applicable laws. A web
site that links to any of the Sites:
- may link to, but not replicate, the Content;
- must not create a frame or any other browser or border environment around
the Content;
- must not in any way imply that PFR is endorsing it or its products or services;
- must not misrepresent its relationship with PFR;
- must not present false information about PFR;
- must not use any PFR trade marks displayed on the Sites without permission
from PFR;
- must not be a web site that infringes any intellectual property or other right
of any person or that otherwise does not comply with all relevant laws and regulations;
- must not be a web site or WAP site that contains content that could be construed
as distasteful, offensive or controversial.
PFR expressly reserves the right to request that any link in breach of these
terms be removed and to take whatever other action it deems appropriate.
3. Registration
On registration, you must provide PFR with accurate, complete registration information
and it is your responsibility to inform PFR of any changes to that information
(including in particular your e-mail address) by e-mailing jf@propertyfundsresearch.com
On registration, you will choose a user name and password. PFR does not permit
any of the following:
- any other person sharing your user name and password;
- access through a single name and password being made available to multiple
users on a network without express permission of PFR.
You are responsible for all use of the Sites made by you or anyone else using
your user name and password (collectively, "ID") for preventing unauthorised
use of your ID. If you believe there has been any breach of security such as
the disclosure, theft or unauthorised use of your ID or any payment information,
you must notify PFR immediately by e-mailing jf@propertyfundsresearch.com
If on registration (or on amendment of your registration details) you provide
PFR with an email address that will result in any emails PFR may send you being
sent to you via a computer network operated by or on behalf of your employer
or college (or similar) then you are warranting that you are entitled to receive
emails at that address.
You also agree that PFR may refrain from sending you any emails to such address
without notifying you, even if you have subscribed to receive them, if we receive
a request from your employer or college to stop sending emails to that address.
4. News By E-Mail
PFR may give you the option to subscribe to its e-mail news service. Your use
of the Content received through the e-mail news service will be subject to these
Terms. In addition, on registration to the Sites, PFR may automatically sign
you up to receive certain news-by-emails (although you will be given the option
to opt-out of receiving such emails on registration).
5. Site Transactions
PFR may give you the option to subscribe to additional Content in the future.
All payments (including any applicable taxes) must be made by credit card in
£ Sterling or any alternative currency that PFR may specify. If PFR (or
its designated agent) does not receive payment authorisation from your credit
card clearing service or bank, PFR may immediately suspend your use of the Site.
You are responsible for the payment of all charges associated with the use of
the Site using your ID.
If your use of the Site is terminated by PFR, you will be entitled to receive
a refund of any credits that remains unused at the time of termination (unless
your use is terminated because you are in breach of these Terms). You will still
be responsible for any fees or other charges incurred by you until the termination
of your rights to use the Site.
You may use the Site to purchase products or services from PFR's third party
partners. In that event, your contract for such products will be with the third
party partner and not with PFR.
6. Software and Java Security
Copyright in any software that is made available for download from the Site
("Software") belongs to PFR or its suppliers. Your use of the Software
is governed by the terms of any licence agreement that may accompany or be included
with the Software. Do not install or use any Software unless you agree to such
licence agreement.
7. NO WARRANTIES, EXCLUSION OF DAMAGES, LIMITATION
OF LIABILITY AND EXCLUSIVE REMEDY
The Content is only for your general information and use and is not intended
to address your particular requirements. In particular, the Content does not
constitute any form of advice, recommendation or arrangement by PFR or its licensors
and is not intended to be relied upon by users in making (or refraining from
making) any specific investment or other decisions. Appropriate independent
advice should be obtained before making any such decision. Any arrangements
made between you and any third party named on the Site are at your sole risk
and responsibility.NO WARRANTIES BECAUSE OF THE NUMBER OF SOURCES FROM WHICH
PFR OBTAINS CONTENT AND THE NATURE OF ELECTRONIC DISTRIBUTION VIA THE INTERNET
(OR OTHER PORTABLE ELECTRONIC DEVICES), PFR DOES NOT GIVE ANY WARRANTIES IN
RESPECT OF THE SITE, CONTENT, SOFTWARE OR SERVICES AVAILABLE THROUGH THE SITE
(COLLECTIVELY, "SITE SERVICES"). IN PARTICULAR, THE SITE SERVICES
ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS
AVAILABLE" BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, PFR HEREBY DISCLAIMS
ALL WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY
DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY
WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS,
PERFORMANCE, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT. ADDITIONALLY, PFR
MAKES NO WARRANTY THAT THE SITE SERVICES ARE YEAR 2000 COMPLIANT OR FREE FROM
INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE
PROPERTIES.ALSO, PFR DOES NOT PROVIDE ANY WARRANTY AGAINST INFRINGEMENT OF TITLE
OR QUIET ENJOYMENT AND MAKES NO EXPRESS WARRANTIES NO INCIDENTAL OR CONSEQUENTIAL
DAMAGES TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT PFR WILL
NOT BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INCIDENTAL
DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE
TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF
NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR FOR ANY OTHER INDIRECT, SPECIAL, OR
PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE SERVICES
OR TO ANY BREACH OF THE TERMS BY PFR, EVEN IF PFR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE)
OR STRICT LIABILITY.LIMITATION ON DAMAGES; EXCLUSIVE REMEDY YOU AGREE THAT YOUR
ONLY RECOVERY FOR ANY DAMAGES THAT YOU INCUR, AND YOUR EXCLUSIVE REMEDY, SHALL
BE LIMITED TO THE DIRECT DAMAGES YOU ACTUALLY INCUR IN REASONABLE RELIANCE ON
THE APPLICABLE SITE SERVICE UP TO A LIMIT OF THE FOLLOWING, A REFUND OF THE
AMOUNT YOU PAID PFR (IF ANY) IN TOTAL DURING THE MONTH IN WHICH THE DAMAGE IS
FIRST INCURRED, LESS ANY REASONABLE ALLOWANCE FOR COMPLYING SERVICES.
LINKS
The Site(s) contains links to other World Wide Web sites provided by independent
third parties ("Third Party Sites"), either directly or through frames.
Where
possible, PFR will make clear where such links are being made, though Third
Party Sites may be co-branded with PFR and so include PFR's trade mark. PFR
is
not responsible for the availability or content of Third Party Sites and will
not be a party to, or in any way responsible for, any transaction concerning
goods or services available from such Third Party Sites.
8. Privacy Policy
The information that you provide about yourself to PFR will only be used by
PFR in accordance with its Privacy Policy Statement. This includes:
- using your information for the effective administration of the Site and to
communicate with you;
- the disclosure of your information within PFR.
The Privacy Policy Statement does not apply to Third Party Sites.
9. Changes to these Terms
PFR reserves the right, at its discretion, to make changes to any part of the
Site. Due to its policy of updating and improving the Site(s), PFR may wish
to change these Terms (including those relating to your use of the Content).
When terms are changed, PFR will notify you by e- mail or by publishing details
of those changes by including them at the end of these Terms (see "Details
of Changes"). If you use the Site after PFR has published or notified you
of the changes, you are agreeing now to be bound by those changes. If you do
not agree to be bound by those changes, you should not use the Site any further
after they are published at the end of these Terms or after you receive notice
of them.
10. Competitions and Prizes
From time to time PFR may run competitions, free prize draws and promotions
on the Site. These are subject to additional terms that will be made available
at the time.
11. Choice of Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, English
law. The parties irrevocably agree that the courts of England shall (subject
to the paragraph below) have exclusive jurisdiction to settle any dispute which
may arise out of, under, or in connection with these Terms or the legal relationship
established by them, and for those purposes irrevocably submit all disputes
to the jurisdiction of the English courts.
For the exclusive benefit of PFR, PFR shall retain the right to bring proceedings
as to the substance of the matter in the courts of the country of your residence
or, where these Terms are entered into in the course of your trade or profession,
the country of your principal place of business.
12. General
You may not assign, sub-license or otherwise transfer any of your rights under
these Terms. If any provision of these Terms is found to be invalid by any court
having
competent jurisdiction, the invalidity of that provision will not affect the
validity of the remaining provisions of these Terms, which shall remain in full
force and effect.
Failure by either party to exercise any right or remedy under these Terms does
not constitute a waiver of that right or remedy. Headings in these Terms are
for convenience only and will have no legal meaning or effect.
Property Funds Research Limited is a company registered in England and Wales
under number 4141833 whose registered office is at Cairns House, 23 Broomfield
Road, Bexleyheath, Kent, DA6 7PD