These terms and conditions (the Terms) govern the use of YTL Developments (UK) Limited website (the Site) and Brabazon.co.uk website (the Site) which is owned by YTL Developments (UK) Limited.
1. ABOUT US
1.1 YTL Developments (UK) Limited is a private company incorporated in England and Wales with company registration number 10495341 and with its registered office at the Operations Centre, Claverton Down Road, Claverton Down, Bath BA2 7WW. 1.2 In these terms and conditions, we, us and our means YTL Developments (UK) Limited. You means the user of the Site.
2. ABOUT OUR SITE
2.1 Our Site is made available free of charge. We do not guarantee that the Site, or any content contained on the Site, will always be available, uninterrupted or error-free. We may suspend, withdraw or restrict the availability of all or part of the Site at our discretion.
2.2 We may change the content of the Site at any time. We do not guarantee that any content is accurate, complete or up-to-date. The information available through the Site is not intended to be advice on which you should rely.
2.2.1 YTL Developments has taken all reasonable care in the preparation of the content of this website and intends that the information is accurate at the time it is uploaded. However, such information can be subject to change and therefore we do not warrant its accuracy. You should take appropriate steps to verify any information upon which you wish to rely.
2.2.2 The purchase of property is a significant financial commitment. Website content should not be used in replacement of site visits, searches or surveys. You should obtain specialist, legal and/or professional advice before proceeding with a property purchase.
2.3 Computer generated images (“CGI”), artists impression drawings and photographs are indicative only. Any furniture featured in photography or CGI is not included in a sale [and CGI images are indicative of Brabazon properties generally and not any one property. Such images do not form part of any sales particulars].
2.4 The Site is intended for users in the UK only and we do not guarantee that content is appropriate for use or available in any other locations.
2.5 We give no other warranties, conditions, undertakings or representations in connection with the use of, or inability to use, the Site.
3. THIRD PARTY CONTENT
3.1 The Site may contain material which originates from third parties, such as advertisements. The relevant third parties, and not us, will be responsible for making sure that such material complies with applicable laws and regulations.
3.2 The Site may also contain hyperlinks to third party websites. This does not mean that we endorse those websites or their content. We are not responsible for the content of those websites and they will be governed by their own terms and conditions. These websites are not under our control and we accept no responsibility for them.
4. YOUR RESPONSIBILITIES
4.1 You must only use the Site lawfully and responsibly. You must not:
4.1.1 use the Site for any fraudulent or illegal purposes;
4.1.2 do anything that might affect the operation or security of the Site;
4.1.3 illegally transmit, distribute or store any materials through the Site, including (but not limited to), materials that violate someone else's intellectual property rights or anything that is defamatory or offensive; or
4.1.4 transmit or upload any material which contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful or malicious programs or code. 4.2 You are responsible for making sure that your computer and internet connection are secure.
5. INTELLECTUAL PROPERTY
5.1 All intellectual property rights in the Site, and in its content, belong to us and/or our licensors. You can print, or store electronically, individual pages of the content for the purposes of using the Site, but you must not make any additional copies or use the content for any other purposes.
5.2 The names and logos of YTL Developments (UK) Limited, Brabazon and YTL Arena are registered trademarks. You may not use or reproduce these for any reason.
5.3 You must not use any of the content of the Site for any purposes not allowed by these Terms without our consent.
5.4 You can link to the Site as long as you do this in a way that is fair and legal and does not damage or take advantage of our reputation. You must not link to the Site if this would suggest association or endorsement by us where none exists.
5.5 You must not frame our Site on any other website
6. OUR LIABILITY
6.1 We do not exclude or limit our liability to you where it would be unlawful to do so.
6.2 We will only be liable to you for any loss or damage, whether in contract, tort, breach of statutory duty or otherwise, where such loss or damage arises directly from our breach of these Terms or our negligence and where such loss or damage was obvious to you and us at the time of entering into these Terms. If you use the Site for business purposes, we will not be liable to you for any loss of profits, loss of business, loss of sales, loss of revenue, loss of anticipated savings, loss of business opportunity or goodwill, any business interruption or any indirect or consequential loss or damage.
6.3 We will not be liable for any failure to perform, or delay in performing, these Terms due to circumstances outside our control. 6.4 Our total, aggregate liability to you under or in connection with these Terms shall be limited to an amount equal to £1,000.
6.5 Please note that the limitations and exclusions of liability in this clause are specific to the use of the Site.
7.1 If you breach these Terms, we may withdraw your access to the Site without notice.
8. GOVERNING LAW AND DISPUTES
8.1 These Terms are governed by the law of England and Wales. The courts of England and Wales will have exclusive jurisdiction in relation to any disputes or claims (including non-contractual disputes of claims) arising in connection with the Terms. If you are a consumer resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer resident in Scotland, you may bring proceedings in Scotland.
9.1 You may not assign, sub-license or otherwise transfer your rights and obligations under the Terms to anyone else.
9.2 If any provision of these Terms is found to be unlawful, void or unenforceable, this shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force.
9.3 A failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
9.4 We reserve the right to modify, add to or change the Terms at any time. Any changes will be effective as soon as they are posted on the Site. If you continue to use the Site you will be deemed to have accepted the changes.
1. Our Use of the Content
From time to time, we, along with our authorised service providers, select Content in Third Party Platforms that we would like to use on YTL Media.
The Content selected and used by us will be in accordance with these terms and conditions:
1.1 In order to be a selected participating contributor, you must be aged 16 years or over and have access to a valid and genuine Third Party Platform account.
1.2 It is not necessary to purchase anything from us in order to contribute Content to YTL Media.
1.4 You must respond directly to us within the same chat, thread or by private message using the hashtag “#YesBrabazon” in order to release the agreed Content to us. If we do not receive your response within 14 days from the date we contacted you, we will assume that you do not consent to our use of your Content and your Content will not be used by us in any YTL Media.
1.5 By consenting to our use of your Content, you:
a. confirm that the Content is your original creation and not copied from third parties;
b. acknowledge that your Content may appear on the YTL Media; and
c. grant YTL and its affiliates a non-exclusive, worldwide, transferable, royalty-free, irrevocable, perpetual right and licence without compensation to use your Content as set out in these terms and conditions;
d. confirm that you have all the rights necessary to allow us to use your Content;
e. confirm that the creation and use of your Content on any YTL Media complies with all applicable laws and regulations;
f. warrant that your Content does not infringe or otherwise violate the copyright, trademark, trade, privacy or other intellectual property or other rights of any third party and that your Content is free from viruses and other malware; and
g. waive any moral rights you may have in your Content, such as any right you may have to be named as the author of the Content or to protect the integrity of your Content.
1.6 You give us your permission for us to redesign, archive, reproduce, disseminate, display, publicly perform and/or replay and make publicly accessible, as well as to cut and edit, adapt and modify your Content or any part of it.
1.7 If your Content is corrupted, inappropriate, illegible or otherwise not in accordance with these terms and conditions then we will not accept your Content.
1.8 You accept that we may choose not to use your Content or to remove your Content from any YTL Media at any time. You agree that you will not receive any payment or other remuneration if we use your Content in any YTL Media.
1.9 If you remove any of the Content you released to us from the Third Party Platform it was originally posted on, then it will be removed from the YTL Media only where your and our Third Party Platforms are linked, subject to reasonable delays for technical reasons. If your Content is used by us on Third Party Platforms which are not linked and as a result your Content is not automatically removed from the YTL Media, and you would no longer like your Content to be posted on the relevant YTL Media, then please contact us by email at firstname.lastname@example.org to notify us of your request. Once notified, we will remove your Content within a reasonable timeframe.
1.10 To the extent it is permitted by law to do so, we accept no liability for any damage, injury or loss suffered due to our use of your Content.
1.11 We will only use personal information supplied by you for the purposes of posting your Content, unless you provide your consent for us to use your personal information for any other agreed purpose.
1.12 These terms are governed by English law and any disputes in relation to them are subject to the exclusive jurisdiction of the English courts.