terms and conditions


This website "http://www.savillsproperty.com" ("Website") and the services provided therein are subject to the terms and conditions which are set out below. The Website is the property of Savills (Hong Kong) Limited.

We may amend or update these terms and conditions at any time by updating this section without notice to you. Any amendments to the terms and conditions shall automatically be effective after they are initially posted on the Website. You must visit this section to review these terms and conditions each time you visit and intend to use this Website. Your continued use of the Website after the amendments shall be deemed acceptance of the amendments.

In addition, when using any particular services provided under the Website, you may be subject to additional terms and conditions applicable to such services which may be posted on the Website from time to time.
You must read, agree with and accept all these terms and conditions, and any subsequent amendments to the same, before you are authorized to use the Website. By using this Website, you consent to all the terms and conditions below.

Services

  1. The Website provides a venue which allows sellers to post information of their properties on the Website for review by potential buyers for a predetermined period following an agreement of the predetermined services with us. Apart from viewing the information on the Website, potential buyers may also register as members who will then receive selective information relating to available properties from us by email.
  2. If any potential buyer expresses interest in a property, and we are requested to arrange a meeting between the seller and the potential buyer, this will be the subject of a separate agreement with us.


Your Legal Status and Details

  1. Use of the Website is limited to legal entities who can form legally binding contracts under applicable law
  2. You agree to provide us with true, accurate, current and complete details about yourself. You also agree to update your records maintained by us to keep them true, accurate, current and complete.

Membership

  1. If you are registered as a member of the Website, you will be given a password in order to access your profile and our services. You are responsible for the confidentiality of your password and you must not disclose it to others. You will notify us immediately on becoming aware of any unauthorised use of your password.

Accurate Information

  1. You are solely responsible for any information ("Information") you have submitted to us. You warrant and represent that the Information you have given us is true, accurate, current and complete. You must promptly inform us of any change in circumstances that makes the information false or substantially inaccurate. YOU AGREE TO DEFEND, INDEMNIFY, KEEP US INDEMNIFIED AND HOLD US HARMLESS AGAINST ANY CLAIMS OR ACTIONS RESULTING FROM YOUR BREACH OF THIS WARRANTY.

  2. You agree to grant us a non-exclusive, worldwide, irrevocable, royalty-free and sub-licensable right to display, distribute, reproduce, amend or modify the Information in such form and manner as we consider appropriate and consistent with the services provided under the Website. You also permit all other visitors or users of the Website to view, copy or reproduce the Information submitted by you to the Website.

  3. If the Information is to be posted on to the Website or be forwarded to other users of the Website, we have no obligation to check or screen the Information before doing so. You warrant and represent that you own all intellectual property rights, including copyright, subsisting in the Information, and that such Information does not include any materials which may be regarded as being unlawful, harmful, defamatory, libelous, threatening, abusive, tortuous, misleading or otherwise objectionable. YOU AGREE TO DEFEND, INDEMNIFY, KEEP US INDEMNIFIED AND HOLD US HARMLESS AGAINST ANY CLAIMS OR ACTIONS RESULTING FROM YOUR BREACH OF THIS WARRANTY.

  4. You acknowledge that the Information is not confidential in nature. You consent and agree that we may disclose such Information to the public, whether through the Website or by any other means. In particular, you agree and authorize us to disclose any such Information if required to do so under any applicable law, in order to comply with legal process, upon request by law enforcement or any government agencies, or in order to protect the rights, property or safety of our company, our other clients or the public.

Disclaimer

  1. It is important to note that the Website only provides a venue to allow posting of information relating to properties. All information, photos, texts, graphics, or any other materials whatsoever relating to such properties posted on the Website or made available through the Website ("Contents") are created and/or provided by sellers. You understand that the Contents may be objectionable, inaccurate, deceptive, or containing errors or omissions. The sellers are solely responsible for the quality, safety or legality of their properties, as well as the truth, accuracy and integrity of the Contents.

  2. The Website and the services provided therein are provided on an "AS IS" and "AS AVAILABLE" basis. We make no representations or warranties of any kind, whether express or implied, with respect to the operation of this Website or the condition, quality, performance, accuracy, suitability, fitness for purpose or completeness of the Contents. In particular, we cannot guarantee that the properties exist or that the Contents supplied by the sellers are up to date, true, accurate or reliable. We are not liable or responsible in any way for the Contents, nor are we liable or responsible for any liability, loss, claim, demand or damage of any kind arising out of, whether directly or indirectly, or in any way connected with the use of or inability to use the Website or the Contents contained therein. You agree to bear all possible risks associated with the use of this Website and the Contents, including, but not limited to, any reliance on the truth, accuracy or integrity of the Contents.

  3. Nothing on this Website shall be regarded or taken as financial advice or an advice of any kind by us. Neither do we endorse any comment or opinion expressed by other users of this Website. You acknowledge that any decision you make in relation to the subject matters of this Website is made solely under your own independent judgment, and we are not responsible for any decision made by you.

  4. You are solely responsible for the use to which you put this Website and all the results and information you obtain from it. All warranties, conditions, undertakings, representations and terms, whether express or implied, statutory or otherwise, are hereby excluded to the fullest extent permitted by law.

  5. Without limiting the foregoing, we have the right in our sole discretion to: (a) refuse to post any Contents on the Website or remove any Contents from the Website; or (b) amend or modify any Contents on the Website without notice. The fact that we have refused to post, removed, amended or modified any Contents does not constitute an assumption of any liability or responsibility on our part.

  6. This Website contains links to third party websites over which we have no control. We assume no responsibility for the contents of these third party websites or for any losses or damages which may arise out of use of a third party website. The presence of a link to a third party website does not necessarily mean that we endorse that website or have any association with the owner or operator of that website.

  7. You also agree to bear all possible risks involved in your dealings with any other users of this Website. Such risks include, but are not limited to, dealing with people acting under false pretense or people not being able to deliver as agreed. In the event that you have a dispute with any other user, you agree to release us from any liability, loss, claim, demand or damage of any kind arising out of, whether directly or indirectly, or in any way connected with such a dispute.

Intellectual Property Law
  1. This Website is protected under copyright, trade marks and other laws. You may not make a copy of or reproduce this Website in any form. You may not reproduce or incorporate this Website into any other Website. You may not link to this Website or frame it without our authorization. You may only display or download temporary copies of the web pages to your computer for the purpose of viewing.

  2. "SAVILLS" are our trade marks in which we have acquired statutory or common law rights. Reproduction or use of these trade marks other than in order to view this Website is prohibited.

  3. Copyrights in the Contents posted on this Website are either owned by or licensed to us. Unauthorised use of the Contents may infringe copyright, trade mark and other laws.

Interruptions and Omissions

  1. We reserve the right in our sole discretion to suspend or terminate your membership with us, or to expel you and/or prevent your further access to the Website without prior notice to you. In particular, we have the right to do any of these acts if we suspect that you have engaged in any fraudulent activity in connection with the Website or if you are in breach of any of these terms and conditions.

  2. We make no warranties as to the operation or availability of the Website or that it is error-free. In particular, we assume no responsibility for the timeliness of posting the Contents, mis-delivery or deletion of the Contents, accessibility of the Website, interruption of the services, or any other technical defects which may occur from time to time.

  3. We also make no representation that the Website is free of virus or other harmful computer codes or components. You will be solely responsible for any damage to your computer system or loss of data that results from the use of the Website or services provided therein.

  4. We have the right at any time and from time to time to modify or terminate, whether temporarily or permanently, the Website or the services provided therein (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, suspension, termination or discontinuance of the Website or services.

Confidence
  1. You agree to keep confidential any materials we supply to you except with our written authorization or to the extent necessary for your authorised use of the Website. These obligations of confidence shall not apply to materials that are in or fall into the public domain other than by breach of these obligations. We may take legal action to prevent any threatened or limit any actual breach of confidence.

Your Own Risk and Indemnity

  1. You use the Website and the services provided therein at entirely your own risk.
  2. You agree to indemnify and hold harmless our company, directors, employees, staff and agents against all liability, loss, claim, demand or damage as a result of or arising out of, whether directly or indirectly, or otherwise in connection with your use of the Website or your breach of any of these terms and conditions.

Notice relating to infringement

  1. You are invited to notify us if you suspect that: a) any Contents posted on the Website is untrue, inaccurate, incomplete, or infringes or violates any third party's intellectual property rights; or b) any user of this Website has sold, offered to sell or has intention to sell any properties which may infringe or violate any third party's property right or intellectual property right. Any such notice may be sent to us by email to the following email address: websearch@savills.com.hk.

Personal Data

  1. You understand that the information and details you supply to us may contain your personal data. You agree with and authorize our collection, use and retention of your personal data. [Client - if users of your website may need to submit personal data to you, you should take necessary steps to ensure compliance with the Personal Data (Privacy) Ordinance.

General

  1. If any provision of this agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.

  2. No failure or delay by us in exercising any right, power or remedy under this agreement shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy.

  3. No remedy conferred by any of the provisions of this agreement is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every remedy shall be cumulative and shall be in addition to every remedy given hereinafter or now or hereafter existing at law, in equity, by statute or otherwise.

  4. Hong Kong law shall govern this agreement and the parties hereby submit to the exclusive jurisdiction of the Courts of Hong Kong.