Last updated: September 2018
- Who We Are
References in these terms and conditions to PPG, we, us or our are to Property Publishing Group Limited. Our company number is 10450681, our registered oﬃce is at North Quay House, Sutton Harbour, Plymouth PL14 0RA, and our VAT number is 270243137.
- These Terms and Conditions
These Terms and Conditions (the Terms), together with the documents referred to in them, govern your relationship with us when you access the Website www.PrimeResi.com (the Website) and (if applicable) subscribe to any of the services offered by us via the Website or offline (together the Subscription Services).
Different sections of these Terms will apply to you depending on how you use the Website and (if applicable) the Subscription Services – these are set out below.
- If you are BROWSING the Website only: Section 1 of these Terms will apply to your access to the Website.
- If you are a SUBSCRIBER to any of our Subscription Services: Section 1 and Section 2 of these Terms will apply to your use of the Website and your use of the Subscription Services.
Please refer carefully to the relevant sections of these Terms before you start to use the Website and (if applicable) the Subscription Services. We recommend that you print a copy of these Terms for future reference. By using the Website and (if applicable) the Subscription Services, you will be deemed to have understood and accepted these Terms, which form a binding agreement between you and us.
If you are intending to use Website and/or the Subscription Services on behalf of a business you work for or represent (the Company) these Terms form an agreement between us and the Company, in which case all references to ‘you’ should be read as references to the Company. Please therefore ensure that you have the authority of the Company to bind it to these Terms. If you do not have such authority you may be personally liable to us for your use of the Website and (if applicable) the Subscription Services.
- Other Applicable Terms
These Terms include and incorporate by reference our Privacy Notice [https://primeresi.com/privacy-policy/], together with any disclaimers, guidelines or other terms that may be sent to you by or on behalf of PPG, posted on the relevant page(s) of the Website, or included in printed publications that form part of the Subscription Services.
Section 1: Terms of website use
- Changes to These Terms
We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
- Access to the Website; Registration
Registration is required to access most parts of the Website. To do this, you will need to complete a registration process by providing certain information (including your name, email address and, in some cases, payment details) and registering a username and password for use in connection with that part of the Website.
You agree that you will provide truthful and accurate information when registering on the Website. The decision to register a password is in our discretion and we may revoke your password at any time.
It is for you to make the proper arrangements for you to access the Website. You are responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Terms, and that they comply with them.
The Website is intended for people in the United Kingdom. Content available on the Website may not be suitable or accessible from other countries. We may restrict the availability of the Website or our Subscription Services to any person or country at any time without prior notice. If you access the Website from outside the United Kingdom, you do so at your own risk.
- Intellectual Property
You acknowledge that the Website and all material published on the Website including but not limited to text, graphics, photos, logos, button icons, images, trade marks, audio and audio visual clips, databases, data compilations, data and software (but excluding any User Content (as defined in paragraph 12 below)) (together the Website Content) are owned and controlled by or licensed exclusively to us. You may not copy, adapt, display, communicate to the public or otherwise use any Website Content except as enabled and permitted by the Website (and, if applicable, the Subscription Services) from time to time.
You may print off one copy, and may download extracts, of any page(s) from the Website which you are authorised to access provided that such prints and downloads are for personal and non-commercial use only.
- Website Availability
The Website is provided on an “as is” basis. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Website or that the Website will be secure, uninterrupted or free of defects.
Your access to the Website may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new facilities or services. We will always try to limit the frequency and duration of any planned disruption but we will not be liable to you if for any reason the Website is unavailable at any time or for any period.
- User Conduct
You may use the Website only for lawful purposes. In particular, but without limitation, may not use the Website:
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to send, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Site or any computer software or hardware.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of these Terms; and
- not to access without authority, interfere with, damage or disrupt (a) any part of the Website; (b) any equipment or network on which the Website is stored; (c) any software used in the provision of the Website; or (d) any equipment or network or software owned or used by any third party.
- Your Account and Password
You are responsible for maintaining the confidentiality of your password and account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of the Website by you or any person or entity using your password, whether or not such access or use has been authorised by you.
If in our reasonable opinion you have breached these Terms, then we may (without limitation) disable any user login or password connected with your accounts.
You must immediately notify us of any unauthorised use (or suspected unauthorised use) of your password or account. Please let us know at Subscriptions@primeresi.com. We will not be liable for any loss or damage whatsoever resulting from the disclosure or use of your username and/or password contrary to these Terms.
- Links to and from Other Websites
Any links to third party websites located on the Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material available in/on/via them. If you choose to access a third party website linked to from the Website, it is at your own risk. We will not be liable for any loss or damage that may arise from your use of them.
If you would like to link to the Website from a third party website, you may do so only on the basis that you link to, but do not replicate, any page on the Website, and subject to the following conditions:
- you may not in any way imply that we are endorsing any third party services or products unless this has been specifically agreed to by us in writing in advance;
- you may not misrepresent your relationship with us or present any false information about us;
- you may not link to the Website from a website that is not owned by you; and
- you may not link to the Website from a website that contains offensive, illegal, or infringing content.
- Limitation of Liability; Indemnity
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
The content on the Website is provided for general information only and without any conditions or warranties of any kind. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete, or up-to-date.
Except as expressly set out in these Terms, we make no representations, warranties or guarantees of any kind in respect of the Website or any content available through the Website and all conditions, warranties and representations express or implied are hereby excluded to the full extent permitted by law.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with (a) use of, or inability to use, the Website; or (b) use of or reliance on any content displayed on the Website.
We provide the Website for private use only. You agree not to use the Site for any commercial purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
We accept no liability in respect of any User Content (as defined in paragraph 12 below) submitted to the Website by users. When you submit User Content to us you do so in accordance with these Terms. We do not guarantee any confidentiality with respect to User Content, whether published on the Website or not.
You shall fully indemnify us for any loss or damage suffered by us arising as a result of your use of the Website in breach of these Terms.
- User Content
In certain circumstances you may upload content (User Content) to the Website using the interface provided.
You are solely responsible for ensuring that you have all the necessary rights to all User Content uploaded by you to the Website, including without limitation all rights required to enable access to and use of the User Content by other users of the Website.
You hereby grant to us a royalty-free, worldwide, irrevocable licence in perpetuity to host and store your User Content via the Website, and to make available your User Content to other users of the Website.
You may not upload any User Content that (a) contains defamatory, threatening, abusive, pornographic, or otherwise objectionable material; (b) advocates bigotry, hatred, or illegal discrimination; or (c) violates any law, any intellectual property, publicity, privacy, or other right of others, or any licence or other agreement by which you are bound.
As between us and you, the User Content is and will remain owned and controlled solely by you and you acknowledge that you have sole responsibility for the User Content and the accuracy and completeness of all data in the User Content.
We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Website without notice if you are in breach of these Terms or if we believe in our absolute discretion that your use of the Website is unsuitable in any way.
If any provision or part of a provision of these Terms is held to be illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction, such provision will be deemed severed from these Terms and the remainder of these Terms will remain in full force and effect.
Unless otherwise specified, these Terms (including the documents referred to in them) constitute the entire Agreement between you and us with respect to the use of the Website and supersede all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the use of the Website.
No provision of these Terms shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to these Terms.
These Terms are governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction over any disputes arising in respect of or in relation to these Terms and your use of the Website and (if applicable) the Subscription Services.
Section 2: Subscription terms
- Your Subscription
Contract with PPG. By submitting your payment and other subscription details you are making an oﬀer to PPG to buy a subscription (a Subscription, and Subscribing will be construed accordingly) to our online products and/or any print versions of our products (together the PPG Materials). Your oﬀer will be accepted by us and a contract formed in respect of your Subscription only when we have verified your payment details at which point we will confirm your Subscription (by sending you a confirmation email or letter to the postal address you have given us) and provide you with access to (and if applicable, deliver to you) the relevant PPG Materials for the selected Subscription period. If we are unable to accept your order for any reason, we will inform you of this and will not charge you for the Subscription.
Print materials. Where included in your Subscription, print versions of PPG Materials will be delivered to the address specified by you during the order process. The costs of delivery are included in the cost of your Subscription, unless otherwise stated. PPG will deliver the number of issues stated on your order confirmation. PPG will make every reasonable eﬀort to deliver the PPG Materials within 30 days of each publication date, but cannot be held responsible for postal or customs delays. Any claims for non-delivery must be notified by email to Subscriptions@primeresi.com as soon as possible and any claim notified later than three months after the publication date of the relevant issue will not be upheld where PPG has evidence that the PPG Materials were dispatched to you.
Payment details. You must provide us with complete and accurate payment information and details including your geographical location. By doing this, you are representing to us that: you are entitled to purchase the Subscription, and that we may use such payment information and details in order to pay for the Subscription (and for us to process such payment) throughout the period of your Subscription. If you are entitled to a refund at any time, we will credit that refund to the card or other payment method you used to submit payment (unless it has expired, in which case we will contact you using the contact details you have provided).
Price. The price you pay for your Subscription (and the currency in which you pay) will be stated on the relevant web page of the Website from which you began the Subscription ordering process. Such price will be re-confirmed to you as part of the ordering process. It is your responsibility to pay any charges that might be applied by your bank or payment provider in paying for your Subscription, including in relation to any currency conversion required.
Incorrectly stated prices. Whilst we use reasonable efforts to ensure that all prices we display and quote are correct, errors may occur. If we incorrectly state a price, we are not obliged to provide you with a Subscription at that price. If we become aware of a pricing error after having accepted your oﬀer to buy the Subscription at the incorrect price, we will notify you of such error and you may either pay the correct price or cancel the Subscription in which case we will refund any money you have paid us that relates to the unexpired portion of your Subscription. If we cannot contact you or you do respond, we shall be entitled to cancel your Subscription.
Taxes and customs. Unless otherwise indicated, the prices we state for our Subscriptions are exclusive of VAT (or other similar sales tax) which, if applicable, must be paid in addition to the Subscription price. Where your Subscription includes a print publication for delivery overseas, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be.
Renewals. Your Subscription will automatically renew at the end of each Subscription period. We will use reasonable endeavours to contact you (using the contact details you have provided) at least 28 days in advance of expiry of your then-current Subscription period to inform you of the renewal, but we make no guarantees to this effect.
When Subscribing, you must provide us with accurate and complete information and it is your responsibility to update and maintain changes to that information through your user account. We are entitled to rely on any information you provide to us during the Subscription process, and to assume it is up-to-date and accurate unless you tell us otherwise.
Cancellation by you. You can cancel your Subscription at any time by contacting us at Subscriptions@primeresi.com stating that you wish to cancel your Subscription and including your name and Subscription reference number(s). Your cancellation will take effect at the end of your then-current Subscription period (for example, if you have a monthly Subscription, at the end of the then-current month; or if you have an annual Subscription, at the end of the then-current year). Once cancellation takes effect, no further sums will be payable in respect of the cancelled Subscription, but you will not receive a refund of any sums paid up to the point of cancellation.
Ending your Subscription early because of something we have done or are going to do. You may also cancel your Subscription, effective on our receipt of written notice, if: (a) we have told you about an upcoming significant change to your Subscription or these Terms to which you do not agree; (b) we have told you about an error in the price or description of your Subscription and you do not wish to proceed with the Subscription at the correct price; (c) we have informed you that there is a risk that supply of the Subscription may be significantly delayed because of events outside our control; or (d) we have suspended the supply of PPG Materials for technical or other reasons, or we notify you that we are going to suspend the PPG Materials for such reasons, in either case for a period of more than 30 days. If you cancel for any of the foregoing reasons, we will refund you any amounts that you have paid us in advance that relate to any remaining and unexpired period of your Subscription.
Cancellation by PPG. We reserve the right to cancel your Subscription if you do not make payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due. We may also cancel your Subscription on giving you at least 30 days’ notice in writing (or less, where we cannot reasonably give such period of notice) where we cease to provide (or to be able to provide) the relevant PPG Materials to which you have Subscribed, or in the unlikely event that we cease to provide Subscription Services generally. If we cancel your Subscription for any of these reasons then we will refund you any amounts that you have paid us in advance that relate to any remaining and unexpired period of your Subscription.
Suspension by PPG. We may suspend your Subscription: (a) where printed PPG Materials are returned because you are not known at the address you provided to us; (b) to deal with technical problems or make technical changes; (c) to update the PPG Materials to reflect changes in relevant laws and regulatory requirements; or (d) to make changes to the PPG Materials as notified by us to you. We will use reasonable efforts to contact you in advance to tell you we will be suspending your Subscription, using the contact details you have provided to us. If we have to suspend your Subscription for longer than 30 days in any 12 month period we will either (at our election) adjust the price so that you do not pay for your Subscription during the period when provision of the relevant PPG Materials is suspended, or extend the period of your Subscription to cover the period when the provision of the PPG Materials was suspended (at no additional cost), or (in the case of print publications) ensure that you receive all the PPG Materials that you were due to receive during the Subscription period even if there was a delay in your receiving them. You may contact us to end your Subscription if we suspend provision of the PPG Materials, or tell you we are going to suspend them, in each case for a period of more than 30 days and (if you do so) we will refund any sums you have paid in advance for the relevant PPG Materials in respect of the period after you end your Subscription.
Individual & corporate Subscriptions. We offer individuals Subscriptions (Individual Subscriptions) and corporate Subscriptions (Corporate Subscriptions).
Individual Subscriptions. Individual Subscriptions are personal to the individual Subscriber. If you are an Individual Subscriber, you may not share with, give, license or transfer to any other person any of your rights or entitlements under these Terms (including to access and/or use PPG Materials under your user account using your password and login details). You are responsible for all access to and use of all PPG Materials that occurs under your user account, whether authorised by you or not. Without further obligation or liability to you, we may cancel or suspend your Subscription if we have reason to believe you have shared your user account details with a third party. If you believe that your user account is being used by anyone else you should inform us immediately via Subscriptions@primeresi.com. We reserve the right at any time to verify and/or validate that you are an Individual Subscriber and that you are accessing and using PPG Materials in accordance with these Terms.
Corporate Subscriptions. Corporate Subscriptions may be accessed by one account administrator (Account Administrator) and certain named individuals within the same business organisation, as registered on the Website (the Permitted Users). Account Administrators may share their account login details only with the Permitted Users. Permitted Users may not share their account login details with anyone else. Account Administrators are responsible for all access to and use of all PPG Materials that occurs under their corporate account and for the prevention of unauthorised use of such account. If you are (a) an Account Administrator who shares their user account details with anyone other than the Permitted Users, or (b) a Permitted User who shares their user account details with anyone else, we may (in either case) cancel or suspend your Subscription without further obligation or liability to you. If you believe that your user account is being used by anyone who is not authorised to access it under these Terms, you must inform us immediately via Subscriptions@primeresi.com. We reserve the right at any time to verify and/or validate that you are a Corporate Subscriber and that you are accessing and using PPG Materials according to these Terms.
- Your use of PPG Materials
PPG hereby grants you a non-exclusive, non-transferable, limited right to access and use the PPG Materials for non-commercial purposes during the period of your Subscription (and, in the case of any printed PPG Materials which you have received as part of your Subscriptions, thereafter). You shall not: a) create derivative works of the PPG Materials (including any translation thereof); b) remove, obscure, or change: an author’s name or aﬃliation; PPG’s or its licensors’ copyright notices, policies, disclaimers, terms or other means of identification; c) systematically download, copy or print any part of the PPG Materials; d) knowingly permit any third party (except, if applicable, Permitted Users) to access or use the PPG Materials; e) include, mount or distribute any of the PPG Materials in other works (other than legally permitted quotations with an appropriate citation); or f) use or distribute the PPG Materials for commercial purposes.
We may make changes to PPG Materials and to the way these are made available to you to reflect changes in the law and regulatory requirements, to implement minor adjustments or improvements (for example to address a security threat), or for editorial or legal reasons. If we need to make more significant changes to the PPG Materials and/or these Terms, we will notify you using the contact details you have provided. If you do not agree to the changes we are proposing, you may contact us to cancel your Subscription before the changes take eﬀect and receive a refund for any PPG Materials paid for in advance but not yet received.
While PPG will (a) use reasonable skill and care in developing PPG Materials and in providing you with access to PPG Materials as part of your Subscription; and (b) use reasonable commercial eﬀorts to remedy any faults or errors of which we become aware, PPG Materials are provided and made available to you via your Subscription on an “as is” or “as available” basis. We make no representations, warranties or guarantees of any kind, whether express or implied, in respect of the quality, completeness or accuracy of the PPG Materials or the information published therein. All PPG Materials are provided as a resource for your general information and use only and are not (and nor are they intended) to address your or any particular requirements. PPG Materials in no way constitute professional advice. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content contained in the PPG Materials.
- Our Liability to You
Nothing in these Terms in any way limits or excludes our liability (a) for death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation; or (c) for any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
In relation to the supply of Subscription Services our liability for losses which you suffer is strictly limited to the purchase price paid by you for such Subscription Services.
Notwithstanding the foregoing, we will not under any circumstances be liable for:
- any business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure);
- any indirect or consequential losses;
- any losses which are the result of your use of or the provision of any Subscription Services which are supplied by third parties; or
- any losses to the extent that they result from a breach by you of any of these Terms.
You agree to indemnify us from any losses incurred by us arising out of (a) your breach of these Terms; (b) your misuse of the Subscription Services (including the PPG Materials); or (c) your violation of any applicable law or third party right.
- Getting in Touch
If you have any questions about the Subscription Services, or if you would like to make a complaint, please email Subscriptions@primeresi.com.