Terms of Use for Smithfield Birmingham

DEFINITIONS

In these Terms of Use, “we”, “us” and “our” means LENDLEASE SMITHFIELD DEVELOPMENT LLP (“the Company”) (see our details below); and “you” and “your” means a user of our Website (as defined below) and/or our services for services.

“Website” means the website which is operated under the www.elephantpark.co.uk domain name or any such other website(s) as the Company may from time to time use for any of its services.

IMPORTANT INFORMATION ABOUT THESE TERMS OF USE

These Terms of Use set out important information and conditions regarding your use of our Website. Together with our Privacy policy, the Terms of Use apply whenever you access, browse and/or use our Website.

We intend to rely on these Terms of Use and it is our intention that you will be legally bound by them when you use and/or submit details through this Website. Your use of this Website does not confer any liability or responsibility on the Company to grant any contract opportunity to you. Your use of this Website does not constitute or represent any form of prior approval or vetting by Lendlease (Elephant & Castle) Limited.

Please read these Terms of Use carefully. By proceeding beyond the homepage you agree to accept these Terms of Use If you do not wish to be bound by these Terms of Use you should not continue to use the Website.

In particular your attention is drawn to the sections on our “Disclaimers” and “Liability” below.

CHANGES TO THESE TERMS OF USE

We may, at our absolute discretion, revise these Terms of Use from time to time, for example to comply with changes in the law or to take account of changes to our Website. You are responsible for checking the existence of any such changes by reading the latest version from time to time when you access the Website to ensure you are happy with any changes. Whether you have checked for such changes or not, your continued use of this Website will be regarded as your acceptance of these Terms of Use as amended. You may access these Terms of Use at any time by accessing the link to them which appears at the bottom of each page of the Website.

In addition to the provisions of these Website Terms of Use, there may also be specific and additional terms that apply to certain sections of this Website. Because those specific and additional provisions also apply to your use of those sections, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of these Website Terms of Use and those other specific and additional provisions, the specific and additional provisions will prevail.

If you have any questions about these Terms of Use, please contact us.

ABOUT US

This Website is operated by the Company. Our registered office is Level 9, 5 Merchant Square, London, W2 1BQ, United Kingdom

Our VAT number is 398 5316 07.

For all customer service enquiries, our email address is hello@smithfieldbirmingham.co.uk

OWNERSHIP

This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright.

Any trademarks that may be reproduced in this Website and which are not the property of, or licensed to us, are acknowledged as such on the Website.

USER CONDUCT

You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, unlawful or otherwise illegal activity may be grounds for restriction or termination of your access to the Website, as set out in more detail below. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal information from any Website user.

You may view, use, download and store the material on this Website for personal non-commercial use (including non-commercial research use) only provided that:

• there is no disruption or interference with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites (including that no action is taken that imposes an unreasonable or disproportionately large load on the infrastructure of the Website);
• no materials are modified in any way;
• no graphics are used separately from accompanying text;
• our copyright and trade mark notices appear in all copies and you acknowledge this Website as the source of the material;
• there is no disruption or interference with any other user’s enjoyment of this Website or linked websites;
• no robot, spider, other automatic device is used to monitor, copy or extract any information on the Website, without our prior written permission;
• there is no reverse engineering, reverse assembling or otherwise attempting to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website;
• the Website is not used to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene;
• there are no attempts to obtain unauthorised access to this Website or parts of this Website that are not opened to public access or are clearly not intended to be accessible to the public;
• there are no attempts to post or transmit to or via this Website any defamatory, derogatory or offensive material or publication(s).

You must not engage in any kind of illegal, criminal or tortious activity through the use of the Website, including infringement of any third party intellectual property rights (including without limitation copyright, trade marks, patent, trade secrets and confidential information), fraud, child pornography, trafficking in obscene material, violation of applicable export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, unlawful, or illegal posting of computer passwords or computer code.

We would ask that users of the Website report any efforts or concerns they have that such activity may be taking place to us at: hello@smithfieldbirmingham.co.uk.

The re-distribution, re-publication, or otherwise making available of the material on this Website to third parties without our prior written consent is prohibited. Commercial use is not permitted.

You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger or other harmful computer software.

If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

You acknowledge and accept sole responsibility, legal and otherwise, for the content of all material posted on this Website by you, your agents or employees.

COPYRIGHT AND SUBMITTED MATERIAL

All materials and information on this Website including without limitation any logo, design, text, graphic and their arrangement (“Content”) are licensed to or owned by the Company (or members of the Company’s group). Unless we indicate otherwise you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior permission or the written permission of the copyright owner.

You acknowledge and agree that if you contribute Content to the Website, such Content will become our property and you hereby assign all rights, title and interests in and to such contributions to us.

Any comments or materials sent to us through the Website including feedback data, questions, comments and suggestions (collectively “Feedback”), will be deemed to be non-confidential. We have no obligation of any kind with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, we will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback. We reserve the right to disclose your identity to any third party who is claiming that any material posted by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We may, but we are not obliged to, screen or monitor the Content or Feedback on the Website. We reserve the right to remove any Content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the Terms of Use), or for no reason at all.

BREACHES OF THESE TERMS OF USE

If you seriously fail to comply with these Terms of Use or if we reasonably suspect that you have seriously failed to comply, we may:

• send you one or more formal warnings;
• temporarily suspend your access to the Website;
• permanently prohibit you from accessing the Website;
• block computers using your IP address from accessing the Website;
• contact your internet services provider and request that they block your access to the Website;
• bring court proceedings against you for breach of contract or otherwise; and
• suspend and/or delete your account with the Website (if applicable).

LINKS

From time to time we may provide links on this Website to the websites of third parties. However, you acknowledge and agree that we have no control over and do not monitor these third party websites.

We make no representations about and cannot accept any responsibility or liability for the content of these other websites. It is your responsibility to check the legal terms and privacy policy on any other Website which you visit.

A link to a third party website is provided for your information and is not intended to be, nor should it be construed as, an endorsement of any kind by us of the content of that website. Your access to third party websites may be governed by their own terms of use.

You may not create a link to this Website from another Website or document without our prior written consent, and any such link shall only be to the front page of our Website.

PRIVACY

The Company treats personal data with respect and integrity. The Privacy policy applicable to this Website explains how we may collect personal information through this Website, how we may process that information, who we may share it with and your rights with regard to this personal information.

Read our full Privacy policy

WARRANTIES AND DISCLAIMERS

The Content and this Website are provided “as is” and “as available”. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement.

We do not warrant that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website or that use of this Website will be compatible with the hardware and software you are using to access it. You assume the entire cost of all necessary servicing, repair, or correction.

We do not warrant or make any representations regarding the use or the results of the use of the Content or this Website in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

DISCLAIMERS

The information in this Website is given in good faith and for general information and interest only. We reserve the right to make any change to this Website without notice. The information in this Website should not be relied on and does not constitute any form of advice or recommendation or an offer or inducement to enter into a legally binding contract nor does it constitute a representation that any specific property or Development will remain open for acquisition for any specific period of time.

This Website contains marketing material produced by us in respect of properties built or in the process of being built or designed (“the Development”). The Website is intended to assist prospective purchasers who may be interested in acquiring properties located within the Development.

Prospective purchasers and tenants are reminded that purchasing real property is a major financial commitment. As a result they should take all reasonable steps to ensure that any property they are proposing to purchase is suitable for their requirements in all respects. This Website should not be taken as a substitute for a prospective purchaser or tenant’s further enquiries including but not limited to site visits, discussions with our sales team and independent legal and financial advice.

Nothing in this clause is intended to exclude or limit liability for fraud or for fraudulent misrepresentation or any other liability which may not be legally excluded or limited.

Whilst we use reasonable efforts to include accurate information in the Website, we make no warranties or representations as to the accuracy of any information given and all such warranties (whether implied or otherwise) are excluded to the extent permitted by law. We exclude all liability for any errors or omissions in the content of the Website to the fullest extent permitted by law.

The particulars contained on this Website are for guidance purposes only. All images used are for illustrative purposes only. Furniture and landscaping are also shown for illustrative purposes only. Detailed design of the Development (including facades and landscaping) is subject to planning agreement and is subject to change. Individual features such as windows, brick and other materials’ colours may vary, as may heating and electrical layouts. Any dimensions given on plans are subject to variations and are not intended to be used to judge the size, design or appropriateness of carpets, appliances, furniture or other objects for use at the properties. The accuracy of any particulars, description, dimensions, references to condition, necessary permissions for use and occupation and other details contained in the Website is not guaranteed and is for general guidance only and prospective purchasers or tenants must not rely on them as statements of fact or representations and must satisfy themselves as to their accuracy. Reference to any mechanical, heating or electrical equipment or other facilities at the property will not constitute a representation (unless otherwise stated) as to its state or condition or that it is capable of fulfilling its intended function. Prospective tenants/purchasers should satisfy themselves as to the fitness of such equipment for their requirements.

We advise that you take appropriate steps to verify any information upon which you wish to rely.

The property details on this Website are posted in good faith and are believed to correct at that time. These may be updated or adjusted in the future. Please carefully check any final details relating to properties in any contractual documentation you may enter with the Company or any other member of the Lendlease Group prior to signature, to ensure you are aware of the relevant and confirmed property details at that stage.

Your use of this Website including all of its content, data or software distributed by, downloaded or accessed from or through this Website is at your own risk. Before taking or refraining from any action in reliance on the information contained on this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the content including any information, predictions, opinions and statements contained in this Website.

While we try to ensure that this Website is functioning correctly, this may not always be achievable. We do not guarantee that this Website will be available all the time or at any specific time (e.g. if our computer systems used to provide the Website are under repair or maintenance or are otherwise unavailable). We are also unable to guarantee that this Website will be compatible with all or any hardware and software which you may use.

We take steps to try to ensure that this Website is free from computer viruses and other harmful computer programs. However, we cannot guarantee this due to the nature of the Internet. You are advised to use appropriate firewall and anti-virus software to protect your computer and data.

The Website may include information about property prices. Images and diagrams on this Website are intended to be a visual aid only and do not necessarily accurately depict the object described.

LIABILITY

These Terms of Use do not exclude our liability (if any) to you for death or personal injury resulting from our negligence or for fraudulent misrepresentation or for any matter which it would be illegal for us to exclude or to attempt to exclude our liability. We are not responsible to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, which you may incur which were not foreseeable or an obvious consequence of us breaching these Terms of Use.

If your local jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the any legislation which may not be excluded, restricted or modified by agreement. We are only liable to you for losses which you suffer as a result of a breach by us of these Terms of Use or arising out of your consumer rights granted by law.

For further information about your legal rights and how they may be affected by these Terms of Use, including this section on our liability to you, we advise you to contact your local Citizens Advice Bureau.

OTHER IMPORTANT INFORMATION TO BE AWARE OF

We reserve the right, without notice and in our sole and absolute discretion, to modify, withdraw, discontinue, suspend or terminate any functionality or feature offered by or through this Website as well as this Website at any time. For example, to comply with changes in the law, to add new features or if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Website may be shut down or restricted while the problem is being investigated or fixed. We will try as far as possible to ensure that any modifications do not reduce the quality of this Website. The Company is not liable to you in the event that all or any part of this Website is discontinued. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

No waiver by us of our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

We may transfer any of our rights or obligations arising under these Terms of Use at any time, in our sole discretion, providing such transfer does not adversely affect your rights under these Terms of Use to a third party, for example, such a transfer may occur in the event of a future restructuring or transfer in ownership of the Company or its assets.

If any parts of these Terms of Use are deemed unlawful void or for any reason unenforceable then that provision may be severed from these Terms of Use and it will not affect the validity and enforceability of the remaining provisions.

The only language in which we provide these Terms of Use is English and all communications between us will be conducted in the English language.

A reference to “£” or “pounds” throughout this Website is a reference to English currency, unless stated otherwise.