Terms

OUR WEBSITE TERMS OF USE

BALLYMORE DEVELOPMENT MANAGEMENT LTD (“BALLYMORE”)

These Terms of Use were last updated on 23 April 2018.

These Terms of Use (together with the documents referred to in them) tell you the terms on which you may make use of our website at www.ballymoregroup.com (“website”). Please read these Terms of Use carefully before you start to use the website. We recommend that you print a copy for future reference. By using the website, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, we do not give you permission to use the website and must cease to do so.

1. INFORMATION ABOUT US

The website is operated by Ballymore Development Management Ltd (“us” or “we“). We are registered in England and Wales under registered company number 08874050. Our registered office address is Ballymore Development Management Ltd, 4th Floor 161 Marsh Wall, London, England And Wales, United Kingdom, E14 9SJ.

2. OTHER TERMS THAT APPLY

2.1 These Terms of Use refer to the following additional terms, which also apply to your use of the website:

2.1.1. Our Privacy Policy which sets out the terms on which we process any personal data we hold about you.

2.1.2 Our Cookie Policy  which sets out the terms on which we use cookies on the website.

3. ACCESSING AND USING THE WEBISITE

3.1 By accessing and using the website, you confirm that you are aged 16 or over.Access to the website is not intended for those under the age of 16. If you are under the age of 16, please do not register with or provide any personal information to the website. If you have already done so, please contact us.

3.2 You are only permitted to access and use our website outside the UK if it is legal to do so in your location. If you choose to access the website from locations outside of the UK, you are responsible for compliance with local laws where they are applicable. We make no representation that the content of the website complies with any laws or standards applicable outside the UK.

3.3 We shall use reasonable endeavours to make the website available on a continuous basis, except for when there is planned maintenance or unscheduled urgent maintenance. However, we do not warrant that the website will always be available or be uninterrupted and we reserve the right to suspend, discontinue, withdraw or amend the website or any content on it without notice to you. From time to time, we may restrict access to some parts of the website, or the entire website, to some or all users and, if the need arises, we may close the website indefinitely. Subject to paragraph 1 we shall not be liable to you if for any reason the website is unavailable at any time or for any period.

3.4 You are responsible for making all arrangements and associated costs necessary for you to have access to the website. You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these terms, and that they comply with them.

4. DISCLAIMERS

4.1 Please note that all property sales remain subject to contract. This website and the information on it do not form part of any contract we or any associated company may have with you. While reasonable efforts have been made to ensure its accuracy, this cannot be guaranteed and as such no representation, warranty or guarantee (whether express or implied) is made in that regard.

4.2 Any specifications, designs, floor plans, or measurements are as they were anticipated at the date they were uploaded to the website, but may be subject to change in accordance with variations permitted under any applicable contract. Dimensions shown in text or in plans are approximate only and may vary once construction has been completed (although we do not anticipate that there will be any greater reduction than 5% of the total size). Any information relating to prospective tenants represents the current intention and may not be reflective of the final tenants.

4.3 The accuracy of any particulars, descriptions, references to conditions, necessary permissions for use and occupation are not guaranteed and should not be relied on as such. Any computer generated images (“CGI”), photos and artists impressions drawings are indicative only and should not be relied upon as actual representations. Any furniture shown in CGI and photos is not included in a sale.

4.4 None of our employees or representatives has any authority to make or give any representation or warranty to enter into any contract in relation to any property. None of our agents or any person employed by them has any authority to make or give any (written or oral) guarantee, representation, or warranty in respect of any property or development (or part thereof).

4.5 The purchase of property is a significant financial commitment. Any potential buyers should ensure that they can afford any property they purchase and that it is suitable for their requirements. The information contained on this website should not be considered a replacement for site visits, searches or surveys. You should obtain specialist, legal and/or professional advice before proceeding with the purchase of a property or taking, or refraining from, any action on the basis of the content on the website.

5. LIMITATION OF OUR LIABILITY TO YOU

5.1 Nothing in these Terms of Use shall limit or exclude our liability for:

5.1.1 death or personal injury caused by negligence;

5.1.2 fraud or fraudulent misrepresentation; or

5.1.3 any other liability that cannot be excluded or limited under applicable law.

5.2 Subject to paragraph 1, we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:

5.2.1 loss of income or revenue;

5.2.2 loss of profits;

5.2.3 loss of sales or contracts;

5.2.4 loss of business or business opportunity;

5.2.5 loss of or damage to goodwill;

5.2.6 loss of or damage to your intellectual property rights;

5.2.7 loss of or corruption to data;

5.2.8 loss of anticipated savings;

5.2.9 wasted management or office time; or

5.2.10 any indirect, special or consequential loss,

arising under or in connection with your use of or inability to use the website, or your use of or reliance on any content displayed on the website. Nothing in this paragraph 5.2 shall prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

5.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the website or any content on it, whether express or implied.

5.4 Where the website contains links 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 we expressly exclude liability for any loss or damage that may arise from your use of them. You use any third-party sites and resources at your own risk and you are responsible for assessing the suitability of any goods or services advertised by such third parties before signing up or placing an order for such goods or services.

6. SUSPENSION AND TERMINATION OF USE

6.1 We may suspend indefinitely or terminate your access to our website at any time without notice or liability to you if:

6.1.1 we are required, or have reason to believe that we are required, to do so by any law or regulation; or

6.1.2 you breach (or we have reason to believe you have breached) the spirit or the letter of these Terms of Use; or

6.1.3 you are in breach of any other agreement that may exist between you and us (including without limitation in relation to any contract you may have with us) and we are entitled to terminate that agreement).

6.2 Termination or suspension of your access to our website for whatever reason shall not affect the accrued rights of the parties arising in any way out of these Terms of Use as at the date of termination and in particular but without limitation the right to recover damages from the other.

7. INTELLECTUAL PROPERTY

7.1 You acknowledge and agree that we and/or our licensors own all intellectual property rights in the website and any related documentation. Except as expressly set out herein, nothing in these Terms of Use grant to you any rights to, or in, patents, copyright, database rights, trade secrets, trade names, trade marks and design rights (in each case whether registered or unregistered), or any other rights (including intellectual property rights) or licences in respect of the website or any related documentation.

7.2 The website and all content displayed on it are protected by copyright laws and treaties around the world. All such rights are reserved.

7.3 You must not use any part of the materials on the website for commercial purposes without obtaining a licence to do so from us or the relevant licensors. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. The author (and that of any identified contributors) of material on the website must always be acknowledged.

7.4 If you print off, copy or download any part of the website in breach of these Terms of Use, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. ACCEPTABLE USE

8.1 You may use our website only for lawful purposes. You may not use our website:

8.1.1 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

8.1.2 in any way that breaches any applicable local, national or international law or regulation;

8.1.3 for the purpose of harming or attempting to harm minors in any way;

8.1.4 to send, knowingly receive, upload, download, use or re-use any material which: (i) is offensive, defamatory, obscene, offensive, hateful, inflammatory, sexually explicit, violent or discriminatory on the basis of race, sex, religion, nationality, disability, sexual orientation or age; (ii) infringes any copyright, database right or trade mark of any other person; (iii) is in breach of any legal duty owed to a third party such as a duty of confidence; (iv) promotes an illegal activity; (v) invades another’s privacy; or (vi) could be used to impersonate any person or misrepresent your identity or affiliation with any person or body; or

8.1.5 to access without authority, interfere with, damage, overburden or disrupt (i) any part of our website; (ii) any equipment or network on which our website is stored; (iii) any software used in the provision of our website or our goods and services; or (iv) any equipment or network or software owned or used by any third party.

9. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

We will process your personal data in compliance with all applicable legislation, our Privacy Policy and our Cookie Policy. By using the website, you consent to such processing. Please take the time to read the Privacy Policy and Cookie Policy as they include important terms which apply to you.

10. VIRUSES, HACKING AND OTHER OFFENCES

10.1 We do not guarantee that the website will be secure or free from bugs or viruses. You are responsible for configuring your technology and computer programmes in order to access the website. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any content on it, or on any website linked to it. You should use your own virus protection software.

10.2 You must not misuse the website by knowingly introducing viruses, keystroke loggers, Trojan horses, worms, time-bombs, spyware, adware or any other malicious or harmful programs or computer code designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of service attack. By breaching this clause you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.

11. NOTICE AND TAKE DOWN POLICY

11.1 If you wish to complain about any content which appears on the website, please contact us at datadepartment@ballymoregroup.com. Please precisely identify the content about which you are notifying us, including the page of the website on which it is posted. You should also provide us with full details of your complaint and, if you are alleging copyright infringement, evidence that you own the copyright.

11.2 We will then review the material and decide whether it complies with the content standards set out in these Terms of Use. We will deal appropriately with any content which, in our opinion, violates these Terms of Use. We will endeavour to inform you of the outcome of our review within a reasonable time of receiving your complaint.

12. COMMENTS AND COMPLAINTS

12.1 If you would like to contact us with any queries, comments, problems or complaints regarding the website, or in connection with these Terms of Use, please send an email to datadepartment@ballymoregroup.com or write to us at the address listed in paragraph 1.

LINKING TO THE WEBSITE

12.3 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

12.4 The website must not be framed on any other site, nor may you create a link to any part of the website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the acceptable use terms at paragraph 8.

12.5 If you wish to make any use of material on the website other than that set out above, please address your request to datadepartment@ballymoregroup.com.

13. LAW AND JURISDICTION

13.1 These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

13.2 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

14. VARIATIONS

14.1 We may revise these Terms of Use at any time by amending this page. When we do so, we will also update the “last updated” date at the top of these Terms of Use. You are expected to check this page every time you wish to use our site to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the website.

14.2 We may update and change the website from time to time, for example, to reflect changes to Ballymore branded or co-branded developments. We will try to give you reasonable notice of any significant changes.

Thank you for visiting the Ballymore website.