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Terms and conditions

RICS Websites Terms and Conditions

These are the terms and conditions of use of RICS Asia' websites ("Sites"). Your use of the Site(s) will be subject to these terms and conditions, whether as a guest or registered user. 

To enter the Site(s), you are required to read these terms and conditions and confirm your acceptance in the box below.  If you do not agree to these terms, please refrain from using the Site.

 

YOU SHOULD PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS.

 

1. DefinitionsEmployer - user who is a registered job advertiser whether a recruitment agency or independent employer.Service/Services - any information and services provided by RICS through or via the Site(s). Site(s) - means the RICS websites located at:

and such additional and replacement sites from time to time.

2. Registration and privacy of your data

2.1 RICS stores and processes data strictly in accordance with the Data Protection Act 1998.  Such processes and uses of personal information are set out in our Privacy Policy. By using the Site(s), you consent to such processing and you warrant that all data provided by you is accurate. 
2.2 To access certain areas of the Site(s) users are required to complete the RICS registration process. You must not misrepresent your identity or status and must not use any other registration details other than your own. You must to ensure that you inform us of any changes to your registered information by using the online update facility so that your registered information is correct and up-to-date.
2.3 During registration you will create a confidential password to be used when using the Services. You must keep your password confidential at all times, and must not disclose it to anyone else or permit anyone else to use it.  Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.
2.4 In the event of any failure or error in the operation of a password you shall cease using the password and exit the Site(s) immediately, and notify RICS of such failure or error.  RICS reserves the right to change, or to require you to change, your password at any time in its sole discretion. 
2.5 RICS reserves the right to change any password. RICS reserves the right to disable any password, whether chosen by you or allocated by us, at any time, if in our opinion, you have failed to comply with any of these terms.
2.6 You warrant that you are entitled to receive emails at the email address you provide.  2.7 In uploading or posting any information to the Site(s), such information will be considered non-confidential and non-proprietary and will be viewed by other users or third parties. RICS has the right to use, copy, distribute and disclose such information to third parties for any purpose.
2.8 RICS may monitor your use of the Site(s) including any information you post so as to generally improve the Site(s) and the Services and to retain records to be used in the event of complaints or customer service issues. However, RICS accepts no obligation to monitor the use of the Site(s).  
2.9 RICS will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities and may disclose any information as required by law and/or relating to any investigation of suspected unlawful activity, intellectual property right infringements or violation of network security.
2.10 In the event that RICS undergoes reorganisation or its business is sold to a third party, you agree that any personal information RICS holds about you may be transferred to that reorganised entity [or third party].

3. What you are allowed to do

3.1 You may browse the Site(s) using a compatible web browser.
3.2 You may print a copy of the information posted on the Site(s) provided it is for your own personal and non-commercial purposes, and otherwise in accordance with these terms and conditions.

4. What you are not allowed to do
4.1 You must only use the Site(s) and anything available from the Site(s) for lawful purposes, and you must comply with all applicable laws, statutes and regulations. Any breach or misuse will be reported to the relevant law enforcement authorities and your use of the Site(s) will cease immediately. 
4.2 You cannot, except to the extent expressly set out in these terms,  (a) make any copies of any part of the Site(s) and/or make any copies or use any material from the Site(s) for any commercial purpose without obtaining a licence to do so. (b) interfere with, damage, disrupt anything on the Site(s) or connected to it/them, include or create links to or from the Site(s), remove or change anything on the Site(s) or connected to it/them, except your registered details.(c) spider or otherwise access the Site(s) by any automated means with a view to re-using any of the content for commercial purposes.(d) infringe, remove or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Site(s). (e) supply, sell or license material from any database or a copy of it, to any other person including another member of your group of companies.

4.3 You must not use the Site(s) or Service(s) to:

(a) send, post, upload or otherwise transmit information or pictures that are deceptive, misleading, harmful, obscene or pornographic, violent, threatening, menacing, racist, discriminatory, offensive, defamatory, contain viruses or are otherwise unlawful;
(b) send, post, upload or otherwise transmit information or pictures that suggest it is authorised or endorsed, or posted by RICS when it is not. 
(c) send, post, upload or otherwise transmit information or pictures that have been created by anyone other than you or which includes any personal details about anyone other than you, without that person’s full authority. 
(d) send, post a message or upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence or privacy;
(e) harass, stalk, threaten or otherwise violate the rights of others or harm or threaten to cause harm to minors;(f) impersonate anyone else or otherwise misrepresent your identity or status;(g) hack into the Site(s) or any other related computer system, server or database, 
(h) make excessive traffic demands, deliver viruses or forward chain letters, surveys, contests, pyramid schemes; 
(i) engage in any behaviour that may reasonably be expected to inhibit other users from using and enjoying the Site(s) or any other web site or damage or destroy the reputation of RICS or any third party; 

5. Your obligations

5.1 In consideration of your use of the Service you agree to the following:

(a) You are responsible for making all necessary arrangements for you to have access to the Site(s);  
(b) You are responsible for ensuring that all persons who access the Site(s) through your internet connection are aware of these terms, and that they comply with them; 
(c) You will maintain all applicable registration data in order to keep it lawful, true, accurate, current and complete;
(d) You will act in good faith and in a business like and courteous way;
(e) You will allow RICS to use the information you have provided for the purpose of operating the Service for you;
(f) RICS may request confirmation of your identity in order to prevent abuse of the Site(s). Failure to provide such information within 14 days without reasonable cause shall lead to immediate termination of the agreement and further, to refuse any and all future use of the Service.6. Intellectual property rights6.1 All intellectual property rights in any material (including databases, data, content, text, graphics, photographs and other images and sound, trademarks, domain names and logos) contained in the Site(s) are either owned by RICS or have been licensed to RICS by the rights owner(s).  RICS will not tolerate any misuse of its trademarks. You are only allowed to use the Site(s) and the material contained in the Site(s) as set out in these terms and conditions. 

6.2 Database rights (pursuant to the Copyright and Rights in Databases Regulations 1997) and all other applicable intellectual property rights in the "Find a Surveyor", "Find a Colleague", "Expert Witness" and "Fixed Charge Receivership Scheme" databases belong to RICS. You acknowledge that you do not acquire any rights in either database except as set out in these terms and conditions.

6.3 RICS status (and that of any identified contributors) as the authors of materials on the Site(s) must always be acknowledged.

7. Links

7.1 RICS or third parties may provide links to other sites or resources.  These links are provided for information only and RICS is not responsible for the availability of, or operation of, any such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials in relation to such other sites or resources or any loss or damage arising from their use.  You should read the terms and conditions and privacy policy of such sites carefully before using them.

8. Disclaimer and limitation of liability

8.1 You agree that your use of the Service is on an "as is" and "as available" basis. Any information is placed on the Site(s) without any guarantees, conditions or warranties as to its content or accuracy and use of the Site(s) and Services is at your sole risk. However, RICS does not, and nothing in these terms and conditions shall act to, exclude or limit RICS' liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited.  Your statutory rights as a consumer are not affected by any of these terms.

8.2 Subject to clause
8.1, in no event shall RICS be liable (whether for breach of contract, negligence or for any other reason) for any direct, indirect or consequential loss or damage, foreseeable or otherwise, that may arise as a result of, but not limited to the following:
(a) use of the Site(s) (including the transmission of any harmful material or viruses),
(b) the Site(s) being unavailable at any time or for any period,
(c) the information posted on the Site(s) or any use of it or reliance thereon, whether the information is posted by you or by any other user, or  
8.3 For the avoidance of doubt, any such loss or damage shall include but not be limited to loss of salary, loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.

8.4 Subject to clauses 8.1 and without prejudice to the above, RICS' aggregate liability to you at any time whether in contract, tort or otherwise shall be limited to £500 (five hundred pounds).  
 
8.5 RICS will not be liable to you for any breach of these terms and conditions which arises because of any circumstances which RICS cannot reasonably be expected to control to include the Site(s) being unavailable for any period of time.

8.6 You agree to fully and effectively indemnify RICS for all claims which may be brought against RICS arising out of or in connection with your use of the Site(s), any breach of these terms or any infringement of any third party’s intellectual property rights.

9.  Suspension, modification and termination of Service

9.1 RICS may change the format and content of the Site(s) and/or the Services from time to time.  You should refresh your browser each time you visit the Site(s) to ensure that you download the most up to date version of the Site(s).
9.2 RICS reserves the right to amend or withdraw the service provided on the Site(s) without notice and/or to restrict access to some parts of the Site(s) or the entire Site(s) to users.  
9.3 You acknowledge that there may be periods where access to or use of the Site(s) or pages linked to it may be limited or impossible due to changes effected to the Site(s) by way of ongoing development and improvement.
9. 4 RICS reserves the right to remove, refuse to post or to edit any information or materials or postings on the Site(s) or require the same to be modified, to block your access to the Site(s) and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. 
9.5 RICS may terminate the Services immediately in the event you breach any of these terms and conditions and you must, at our request, return or destroy copies of any materials made. In such circumstances, any fees paid by you for use of the Services shall be forfeited.

10. Enquiries or complaints
10.1 If you have any enquiries or complaints about the use of the Site(s) please contact us at: RICS Asia Office
1804 Hopewell Centre

183 Queen's Road East
Wanchai
Hong Kong
T + 852 2537 7117
F + 852 25372756
E ricsasia@rics.org

11. General and governing law

11.1 RICS may change these terms and conditions from time to time. By accessing the Site(s) you are accepting that you are bound by the current terms and conditions. You should therefore check these each time you revisit the Site(s). Some of the provisions in these terms and conditions may also be superseded by provisions or notices published elsewhere on the Site(s).
11.2 These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter (save that these terms and conditions shall not prejudice the agreement between RICS and Employers in relation to roles advertised). If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision.
11.3 RICS may delay enforcing its rights under these terms and conditions without losing them.
11.4 You agree that RICS may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice. 11.5  These terms and conditions shall be governed and interpreted in accordance with English law and you consent to the exclusive jurisdiction of the English courts. 

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Members are encouraged to familiarise themselves with the specific Terms & Conditions for the RICS Discussion Forums.





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