TERMS OF USE OF WEBSITE
The Client acknowledges that:
- You have read, agreed with and accepted the Terms and Conditions, including any amendments thereof prior to the use of this Website. The use of this Website constitutes the acceptance of the Terms and Conditions contained herein;
- the Terms and Conditions shall be amended or updated from time to time without notice to you and you shall be deemed to accept the amendments to these Terms and Conditions by your use of this Website;
- the use of this Website is subject to technical defects or interruptions from time to time, and that Sky International Properties Limited (Sky IP Ltd.) makes no representation that the Website is free from any computer viruses or programs that may affect your electronic systems;
- Sky IP Ltd. shall not be responsible for any loss or damage to your data or computer system arising out of or in connection with the use of the Website and that the Client shall bear the sole responsibility in such circumstances;
- Sky IP Ltd. may amend, suspend or terminate (temporarily or permanently) the Website or the services provided under it, from time to time without notice and Sky IP Ltd. shall not be responsible for any loss or damage arising out of the amendment, suspension or termination of the Website;
- the use of this Website and the services provided under it is entirely at the Client’s own risk; and
- a cookie (i.e. a small data file that certain websites may send to your address when you visit them) can be enabled in some parts of this Website. If you prefer not to receive cookies, you can set out browser to warn you before accepting cookies and refusing them whenever your browser alerts you to their presence. You can also refuse all cookies by disabling them in your browser.
GENERAL TERMS AND CONDITIONS
A list of Sky IP Ltd.’s range of property-related services is available on request.
Sky IP Ltd. hereby represents to the Client, and the Client acknowledges, that:
- save as provided in Sky IP Ltd.’s Client Deed, and in any terms and conditions annexed to the Unit Application Form as signed by the Client, all contracts are entered into between the Client and the relevant company and/or institution and not between the Client and Sky IP Ltd.;
- Sky IP Ltd. and its representatives have at no time made to the Client any warranties, promises or forecasts as to any expected return on investment or rental yields, and neither Sky IP Ltd. nor its representatives have the authority to make such warranties;
- Sky IP Ltd. and its representatives cannot and will not provide advice on taxation or the legal consequences of any arrangements and an Sky IP Ltd. representative has advised the Client that it should obtain independent legal and taxation advice;
- Sky IP Ltd. shall be entitled to negotiate with, receive and be compensated with payments and commissions from, property companies, financial institutions and/or other parties connected with the provision by Sky IP Ltd. of the Services to the Client, and Sky IP Ltd. shall on reasonable request by the Client, provide the Client with details of such transactions; and
- the Client expressly agrees that the use of this Website and the information contained herein is solely at the Client’s own risk.
MATERIAL
In respect of all material, information and documents supplied by Sky IP Ltd. to the Client at any time (including all plans and specifications) (the “Material”), neither Sky IP Ltd., nor any of its representative, officer, employee or adviser:
- has made or will make any representation or warranty as to the accuracy or completeness of the Material or that the Material is the information the Client may require or expect to find in respect of the subject matter or to make a fully informed decision on any course of action. All plans and specifications provided to the Client are provided as a guide only and are subject to variations, modifications and amendments as required by relevant authorities, developers and/or architects;
- accepts or will accept any responsibility for any interpretation, opinion or conclusion that the Client may form as a result of examining the Material;
- accepts or will accept any responsibility to inform the Client of any matter arising or coming to the notice of IP which may affect or qualify any Material which Sky IP Ltd. provides to the Client; or
- is or will be liable for any loss of any kind (including but without limitation damages, costs, interest, loss of profits, or special loss or damage) arising from an error, inaccuracy, incompleteness or similar defect in the Material or any default, negligence, or lack of care in relation to the preparation or provision of Material.
RISK DISCLOSURE
You should be aware that investment in property may involve risks and the value of the property and associated rental yields may go down as well as up. The property market is volatile and property prices may fluctuate widely. Whilst Sky IP Ltd. may undertake various background checks on property companies or financial institutions that it introduces to the Client, it is the responsibility of the Client to instruct their own financial advisers and solicitors to undertake due diligence and provide adequate and satisfactory advice to the Client before proceeding with any property related transaction.
LIMITATION OF LIABILITY
- Save as expressly set out herein and to the extent permitted by law, Sky IP Ltd. shall not be liable to the Client or any third party for any loss, liability or expense arising out of or in connection with any acts or omissions of Sky IP Ltd., or any of its directors, officers, employees, contractors and agents, which are done negligently, or deliberately with intent to cause loss, liability or expense, or recklessly and with actual knowledge that such loss, liability or expense would probably result.
- Sky IP Ltd. shall not be liable to the Client or any third party (whether in contact, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with this Agreement for any loss of profit, production, data, goodwill or business opportunities or anticipated savings or benefits or for any type of indirect, special or consequential loss, even if that loss or damage was reasonably foreseeable or that party was aware of the possibility of that loss or damage arising.
- Any claim for breach of contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with this Website shall be brought within two years of the act or omission alleged to have caused the loss, liability or expense in question.
- No provision herein set out shall exclude or limit the liability of Sky IP Ltd. for death or personal injury caused by its negligence or for fraud or in respect of any other liability arising out of or in connection with this Website which cannot be excluded or restricted by law.
These provisions shall be exhaustive of the remedies for monetary damages of the Client or any third party against Sky IP Ltd. arising out of or in connection with this Website.
AGENTS
If an agent of Sky IP Ltd. provides information to the Client no representation, warranty, condition or other term express or implied is made by Sky IP Ltd. as to the content, quality or veracity of such information.
INTELLECTUAL PROPERTY
Any copyright or other intellectual property rights of whatever nature which subsist or may subsist in the presentation and/or content of the Website shall remain the property of Sky IP Ltd.
ADMISSION TO SKY IP LTD. EVENTS
The right to admission to a Sky IP Ltd. event or seminar is reserved by the event manager. The event manager may take health and safety, environmental, security and other concerns into account at their reasonable discretion, and may from time to time carry out security searches. No refunds will be offered to customers who are refused entry or ejected from an event or seminar on account of late arrival, declining to be searched, being abusive, threatening, drunken or other antisocial behavior (including smoking in no smoking areas), carrying offensive weapons or illegal substances, or making unauthorised audio, video or photographic recordings.
RESTRICTIONS AT SKY IP LTD. EVENTS
Mobile telephones must be switched off.
Video and camera equipment are not permitted.