Terms & Conditions

Legal & Security

The charges payable for Products to be supplied to Customers at the Company's rates current from time to time as set out in the Company's Tariff of Charges and advertised on the Company's websites.

The purchasers of model policies, procedures, guidance notes, training materials and other employment, or business related services provided from time to time by the Company pursuant to these Terms and Conditions.

The Licence granted to the Customer/s the details of which are set out in paragraph 4 of these Terms and Conditions.

The Company's order form on which the Customer places an order for the Products with the Company [and advertised on the Company's websites].

The employment or business related information and materials supplied by the Company and set out in model policies and/or procedure statements, guidance notes, training materials or such other format or description as the Company may from time to time advertise for sale such as the delivery of research reports that aim to deliver clear, concise and well-informed market intelligence on various aspects of the property sector.

The Company's current published list of Charges as amended from time to time

In these Terms and Conditions unless the context requires otherwise:

1.2.1 words and expressions that are defined in the Copyright, Designs and Patents Act 1988 shall bear the same meanings in these Terms and Conditions

1.2.2 words importing the singular number shall include the plural and vice versa

1.2.3 words importing any particular gender shall include all other genders

1.2.4 references to persons shall include bodies of persons whether corporate or incorporate

1.2.5 words importing the whole shall be treated as including a reference to any part of the whole.

1.3 Any reference in these Terms and Conditions to any statute or statutory provision shall be construed as referring to that statute or statutory provision as it may from time to time be amended, modified, extended, re-enacted or replaced (whether before or after the date of these Terms and Conditions) and including all subordinate legislation from time to time under it.

1.4 The expression 'copyright' shall include the entire copyright, design right, rental right, right to authorise or prohibit lending and database right subsisting now or created at any time under the laws of the United Kingdom and all analogous rights subsisting now or created at any time under the laws of each and every other relevant jurisdiction.

1.5 References in these Terms and Conditions to paragraphs are to paragraphs of these Terms and Conditions except where otherwise expressly stated.

1.6 Headings are used in these Terms and Conditions for the convenience of the parties only and shall not be incorporated into the Terms and Conditions and shall not be deemed to be any indication of the meaning of the paragraphs to which they relate.

2. Supply of Products

2.1. The Company agrees to supply the Products to the Customer and the Customer agrees to purchase the Products upon and subject to these Terms and Conditions.

2.2 Payment of the whole of the Charges must be received prior to acceptance of the Customer's order.

2.3 The Charges are exclusive of any VAT payable, which will also be charged to the Customer.

3. Delivery

3.1 The Company will supply the Products by the delivery method confirmed in the Order Form.

3.2 Delivery of the Products will be made to the address given for delivery in the Order Form.

3.3 Delivery will be made within fourteen days of receipt of payment.

4. Use of the Products

4.1 The Company grants to the Customer a non-exclusive, non-transferable licence to use the Products in accordance with these Terms and Conditions.

4.2 The Customer may only use or copy the Products for internal information and guidance in relation to the creation and implementation of the Customer's own human resources, employment or business related policies ("Authorised Use").

4.3 The Customer shall not disclose, transmit in any form or by any method (including manual, mechanical or electronic), store in a retrieval system, copy for third party use, redistribute or resell the Products and shall not permit any third party to use or benefit by the use of the Products.

4.4 The Customer acknowledges that the way in which it interprets, adapts or uses the Products is dependent upon the exercise of its own skill and judgement.

4.5 The Customer shall ensure that all of its employees are aware of and comply with all of the obligations of the Customer contained in these Terms and Conditions.

4.6 The Customer acknowledges that it is licensed to use the Products in accordance with these Terms and Conditions but not further or otherwise.

4.7 All rights not specifically and expressly granted to the Customer by these Terms and Conditions are reserved to the Company.

5. Intellectual Property Rights

5.1 The Products and all intellectual property rights (including in particular copyright) relating to the Products and their contents are and shall remain the property of the Company and no reproduction of the Products is permitted other than in accordance with these Terms and Conditions.

5.2 Savills, Savills and the Savills logo are trade marks registered in the name of Savills plc in the UK and other parts of the world. No permission is given by the Company in respect of the use of any of them and such use will constitute an infringement of the rights of the Company and the owner.

5.3 Customers shall treat the Products and the information contained therein as confidential and shall not divulge the whole or any part thereof to any third party except as required by law. Disclosure to its own employees and professional advisors is permitted but only in accordance with an Authorised Use. The Customer shall ensure that its employees comply with the intellectual property, confidentiality and non disclosure obligations contained in these Terms and Conditions.

6. Contents

6.1 No responsibility is assumed by the Company for the information contained in the Products or for any loss which may arise as a result of relying on such information and all liability is disclaimed in respect of such information to the fullest extent allowed by law.

6.2 The Company makes no representations or warranties of any kind with respect to the Products and disclaims all such representations and warranties. In particular the Customer acknowledges to the Company that the Company makes no express or implied warranties as to merchantability or fitness for a particular purpose of the Products or as to their accuracy or completeness.

6.3 The information contained in the Products may contain technical inaccuracies or typographical errors. The Company shall have no liability to the Customer in contract, tort or otherwise for any loss or damage which the Customer suffers (whether direct, consequential or any other form of loss) as a result of any inaccuracy or error in the Products or as a result of any default on the part of the Company. All liability of the Company howsoever arising for any such inaccuracy or error or any default is expressly excluded to the fullest extent permitted by law.

6.4 Neither the Company nor any of its directors, employees or other representatives will be liable (save as is set out in paragraph 6 of these Terms and Conditions) for loss or damage arising out of or in connection with the use of the Products. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

6.5 Notwithstanding the foregoing, none of the exclusions and limitations in these Terms and Conditions are intended to limit any rights the Customer may have under local law or other statutory rights which cannot be excluded, nor in any way to exclude or limit the Company's liability to the Customer for death or personal injury resulting from the Company's negligence or that of the Company's employees or agents.

6.6 The Products and the information contained therein are for general information and guidance purposes only and shall not be deemed to be comprehensive or to provide legal or other advice of any kind, including as to employment law and practice. For avoidance of doubt the Company is not engaged in providing legal or professional advice and if such is required the services of a lawyer or other professional adviser should be sought.

7. General

7.1 Notices

Unless otherwise expressly stated in these Terms and Conditions, all notices from the Customer to the Company must be in writing and sent to our contact address at 20 Grosvenor Hill, Berkeley Square, London W1K 3HQ. and all notices from us to you will be displayed on our websites from time to time.

7.2 Events beyond the Company's control

The Company shall have no liability to you for any failure to deliver the Products or any delay in doing so or for any damage or defect to Products delivered that is caused by any event or circumstance beyond the Company's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems, flood, fire, explosion or accident.

7.3 Invalidity

If any part of these Terms and Conditions is unenforceable (including any provision in which the Company excludes its liability to the Customer) the enforceability of any other part of these Terms and Conditions shall not be affected.

7.4 Third Party Rights

Except for the Company's affiliates, directors, employees or representatives, a person who is not a party to the agreement contained in these Terms and Conditions has no rights under the UK Contracts (Rights of Third Parties)Act 1999 to enforce any term contained herein but this shall not affect any right or remedy of a third party that exists or is available apart from that Act.

7.5 Waiver

The failure by the Company to enforce at any time or for any period any one or more of these Terms and Conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of the Terms and Conditions.

7.6 Entire Agreement

These Terms and Conditions, together with the Company's Tariff of Charges and Order Form, set out the whole of the agreement relating to the supply of the Products to the Customer by the Company. Nothing said by any sales person on the Company's behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of the Products. The Company shall have no liability for any such representation being untrue or misleading.

7.7 Governing Law and Jurisdiction

7.7.1 These Terms and Conditions and the agreement between the Company and the Customer contained therein shall be governed by and interpreted in accordance with English law and the English Courts have exclusive jurisdiction to resolve any disputes between the parties.

7.7.2 The Products are intended for the use of residents of the United Kingdom of Great Britain and Northern Ireland only.

7.8 Data Protection Act

7.8.1 You agree that we will hold and process, by computer or otherwise, information about you as a result of your completion of the order form.

7.8.2 In addition you agree that we may pass information about you which you have provided to us to other members of the Savills Group who each control the information they hold about you and to external companies to help us to process and/or analyse it as part of the provision of a service to you. These may contact you by telephone, email or write to you with information about special services or products which may be of interest to you.

7.8.3 This does not affect your statutory rights under the Data Protection Acts 1984 and 1998. For more details regarding our data protection policy, you may contact the Company Secretary at 20 Grosvenor Hill, Berkeley Square, London W1K 3HQ.

SafeBuy Code of Practice

The SafeBuy Code is administered by SOFTWARE RESEARCH LTD ("SafeBuy") of PO Box 116, Henley-on-Thames RG9 1FL.

1. Qualifications, Purpose and Scope

1.1 The SafeBuy Assurance Scheme is operated by Software Research Ltd. Software Research have been evaluating high-tech products and services in the UK since 1987 and independently reporting to subscribers and report purchasers. It produced the 800-page Millennium Bug report for the Sunday Times and continuously publishes the Good Software Guide. It has no connection with any manufacturer or service provider and does not take any advertising or sponsorship. The SafeBuy scheme is funded by charges on retailers.

1.2 SafeBuy is acting in the interest of both retailers and consumers in publishing this Code of Practice. The retailers who conform to the Code know that their display of the SafeBuy and TrustUK logos will provide reassurance to consumers that they have undertaken to abide by the SafeBuy Code and any updates that are issued to remain in line with UK and EU regulations and legal requirements. Consumers have access to the Code and are entitled to expect a high level of performance from subscribing retailers with a right of mediation by SafeBuy if they believe a retailer has breached the Code.

1.3 The consumer must verify that the goods or services ordered are fit for the purpose required. The SafeBuy Code does not relate to such matters, nor does it relate to delivery procedures.

1.4 The retailer agrees to accurately and honestly complete such questionnaires as are sent from time to time by SafeBuy to address the matters of ongoing website and operational security and of complaints registered, whether resolved prior to or with SafeBuy mediation or not, together with the outcomes.

1.5 By subscribing to the SafeBuy Code retailers undertake with SafeBuy and with their consumers that they will at all times abide by it. Although SafeBuy cannot guarantee that any individual retailer's site conforms with the SafeBuy Code at every moment in time, SafeBuy validates websites at the time of application and then regularly samples sites including the placing of orders for goods in order to test those sites for ongoing conformity.

2. Website Requirements

2.1 The site must use the SafeBuy and TrustUK logos as active links (hyperlinks) to safebuy.org.uk where this Code of Practice is published and to trustuk.org.uk where their details are shown. The logos may not be used on any site the owner of which does not have a current subscription to the SafeBuy scheme or which SafeBuy considers not to be compliant with the SafeBuy Code. The site must also display the retailer's unique ID number for validation purposes.

2.2 Any advertising on the site, whether by the site owner or third parties, must comply with the British Codes of Advertising and Sales Promotion (BCASP).

2.3 Any advertising on the site, whether by the site owner or third parties, must conform to the rulings laid down by the Advertising Standards Authority (asa.org.uk).

2.4 The site must have clearly accessible details of the retailer's name and address, phone and fax numbers, an email address and details of how to pursue a complaint against the retailer.

2.5 If a phone number for contact is used which requires the consumer to pay other than the normal charge for a UK inland call this must be clearly stated, together with the hours of availability.

3. Transaction Requirements

3.1 Products or services for sale must be clearly and accurately described with relevant characteristics (e.g. dimensions, material).

3.2 Any restrictions on ordering (e.g. parental approval, geographic location) must be made clear to the consumer as a part of the description of the product or service.

3.3 The total price, including packing, shipping and VAT where applicable must be shown for the complete order before consumer final agreement to place the order.

3.4 The method of delivery must be clearly identified.

3.5 Payment options must be shown and the level of security displayed for the transaction.

3.6 There must be an option for the consumer to abort the order up to the point of final confirmation.

3.7 There must be no possibility of orders being accepted which are unlikely to be fulfilled within 30 days.

3.8 Any special offers must have the time or condition requirements clearly identified.

3.9 The consumer must be advised that a confirmation of the order will be sent by email or post within 24 hours. This confirmation must include the retailer's company details, a unique order number, the total price and clear instructions on the consumer's rights of cancellation or return, including timescales, with an explanation of how to effect a cancellation or return, including any return costs that may be applied.

4. Terms and Conditions

4.1 The website must specify:

4.2 All contract terms, including any guarantees or warranties, must be clearly displayed and a further clear indication given that they do not affect the consumer's statutory rights. If the retailer's contract terms give rights to the consumer which are more beneficial than the consumer's statutory rights, this should be made apparent.

4.3 The product or service must be delivered within 30 days unless the consumer agrees otherwise. In the event that this term cannot be met the consumer must be advised in good time and offered a cancellation option with a total refund, within 30 days, of any monies paid.

4.4 Neither the retailer nor the consumer should expect to rely on any verbal agreement. Both parties should require written confirmation before accepting any variation of the order or other term of the contract.

4.5 The consumer must, at any time, before or after the order, be able to scroll through and, if necessary, print the Terms and Conditions and Privacy Policy.

5. Faults and Disagreements

5.1 Where the consumer can reasonably show that the goods or services do not correspond to their description or are not fit for the purpose described the retailer must be advised as soon as is practicable. The retailer, if accepting the deficiency or making a goodwill gesture, must act within 30 days to remedy the fault or refund the consumer any monies paid plus compensation for any associated and proven losses.

5.2 Errors in any area of order processing, delivery or administration must be corrected within 30 days.

5.3 The retailer must have an effective complaints procedure. At a minimum, any complaint must be logged and an acknowledgement given to the consumer within three working days. The consumer must be further advised on the retailer's procedures for acting on the complaint with an expected timescale. The retailer must keep the consumer informed of the progress of the investigation of the complaint.

5.4 In the event that the retailer and consumer cannot agree on the resolution of a complaint, the retailer must advise the consumer of any trade complaints body, regulator or ombudsman who may be relevant. They must also advise the consumer of the SafeBuy mediation procedure.

5.5 SafeBuy will act as mediators, at no charge to either party, in the event of a dispute as to compliance with the Code of Practice which cannot be resolved in a timely manner. SafeBuy will only act where there is hardcopy documentation of all areas of the transaction. SafeBuy will be at liberty to provide copies to both parties of all documentation presented in connection with the dispute. SafeBuy is not entitled to impose a decision upon the parties but, as mediator, to attempt to facilitate a resolution of the dispute between the parties. If this is not achieved within what SafeBuy considers to be a reasonable time then SafeBuy will be entitled to withdraw from involvement as mediator

5.6 In the event of the retailer's own complaints procedure and the SafeBuy mediation procedure being unsuccessful in resolving the complaint, the retailer agrees that the consumer has the right to arbitration under the EEJ-NET scheme of the Chartered Institute of Arbitrators and waives his/her right to decline arbitration under this scheme. EEJ-NET is an email arbitration scheme, at relatively low cost, the full details of which are at www.eej-net.org.uk. Details are also available by email from SafeBuy. The costs of the arbitration are borne by the consumer and the retailer.

5.7 None of the above processes affects the right of the consumer to take the matter to the Courts or any other complaints resolution body.

5.8 If the retailer is in the opinion of SafeBuy in breach of the Code with no reasonable justification, then SafeBuy has the right to remove the retailer from the approval scheme. The retailer accepts that there is no right of appeal or redress against SafeBuy's decision.

6. Security

6.1 The retailer must take and maintain all practicable security procedures to prevent hacking or other external access, or any unauthorised internal access, to any data relating to consumers or orders. If data is provided to any third parties necessary for the execution of the contract, it is the retailer's responsibility to ensure that the same standards are met by those third parties.

6.2 Methods of payment must be as secure as is practicable and the consumer clearly advised of the level of security applicable. If a hyperlink is required to another site with further details of the level of security it should be prominently displayed.

6.3 It is recommended that the retailer conforms to the requirements of the BSI Code BS7799 in security matters but as a mimimum should ensure that hardware and software security is in line with general standards in the industry for the scale of the retailer's operation. The retailer must identify a named individual who is responsible for all aspects of security.

6.4 It is understood that the same standards on security of data or process by any third party used by the retailer should be at least equivalent to those used by the retailer.

7. Privacy

7.1 The website owner must conform with the requirements of the Data Protection Act, 1998.

7.2 The website must incorporate a privacy policy which informs website users of their right to access to information collected from them and how any such personal information will be used.

7.3 The consumer must be given the option to decline any distribution of personal data to third parties. This option must include further use of the data by the retailer and any associated organisations. In the event that the consumer does not reject further use, if appropriate it must be separately made clear that such data may be transferred outside the European Economic Area and the option provided to reject such use.

7.4 Before the website user can submit personal details to the website, he/she must be able to scroll through the terms of the privacy policy.

7.5 The use of email for direct marketing purposes is not allowed unless the consumer has previously given his/her consent and the contact details have been obtained in the course of a sale of a product or service to that consumer. Direct marketing approaches are confined to the products or services supplied by the online retailer who should ensure that the subscriber is aware of the nature of those products and services. The consumer has also to be given the opportunity to withdraw that consent at the time of each subsequent communication and unsolicited emails must not be sent to consumers who have requested removal from the marketing database either directly to the retailer or through an email preference service. Any attempt to conceal the identity of the sender and withholding of a valid address is prohibited.

7.6 If "cookies" are used the consumer must be advised accordingly and given the choice of opting out.

8. Children

8.1 No order may be accepted from a child of 16 or under without the express consent of a parent or guardian.

8.2 No data on other persons may be collected from a child of 16 or under and no data on themselves may be collected which is not strictly relevant to the processing of the order.

8.3 No enticement by way of reward may be made to a child of 16 or under.

8.4 No data on a child of 16 or under may be made available to any third party without the express consent of a parent or guardian.

8.5 No data on a child of under 12 may be collected without the express consent of a parent or guardian.

8.6 Except for the purpose of processing the order, no further communications, electronic or otherwise, may be sent to a child under 12 and, in the case of 12-16 year olds, only such communications as are relevant where it is clear that the child understands what is involved.

8.7 All communications with children must be non-exploitative and not prey on their immaturity or lack of experience.