TERMS AND CONDITIONS OF USE  (THE TERMS)

 

Please read the TERMS in relation to the use of the e-Valuation Service (The Service) provided by DTZworld.com LTD (DTZ) CAREFULLY before using it
By using the Service, you are deemed to have agreed to and be bound by the Terms. If you do not agree to the Terms, please do not use the Service. From time to time, DTZ may change, modify, add or remove any or part of the Terms and you will not be notified of individual changes or modifications of the Terms. In the premises, you have the duty to check for changes and modifications of the Terms periodically and shall cease using the Service when you find the Terms so changed or modified unacceptable. Your continued use of the Service following the posting of any such changes or modifications to the Terms will mean that you agree to be bound by the Terms as changed or modified from time to time as aforesaid.

1.     

Basis of Valuation The Service will be provided in accordance with the basis of valuation as set out in the First Schedule

2.    

Payment For all on-line applicants, you hereby expressly authorize DTZ to charge your credit card account designated by you when you registered for the Service at HK$20 per enquiry after the first month’s free trial period (subject to a maximum of 30 enquiries).  Charges for other users will be subject to the agreements between their companies and DTZ.  DTZ reserves the right to revise the fee at any time when appropriate.

3.    

Copyright All materials, statements or reports produced (“the Product”) as part of the Service are owned by DTZ. The Product and/or any information contained in this web site may not be reproduced, distributed or published in any form for any purpose without prior written consent from DTZ.

4.    

Hyperlinks You hereby acknowledge that if you leave this Web site and enter other sites (“Other sites”) via a hyperlink contained herein and view content which is not provided by DTZ, you will be doing so at your own risk and DTZ will not in any event be responsible for any damage or loss which may be caused by any delay, defect or omission that may exist in the information, contents or services provided in the Other sites.

Further, DTZ hereby expressly disclaims any responsibility for the accuracy, content, or availability of information found on the Other sites that link to or are from this Web site and will not be responsible for the accuracy, copyright compliance, legality, or decency of any of the materials contained in the Other sites or otherwise.  In the premises, you hereby irrevocably waive any possible claim against DTZ with respect to the aforesaid.

5.    

Registration Upon registration with us, you agree to:-

(a)         provide true, accurate, current and complete information about yourself or your company as required in the member registration form; and

(b)         notify DTZ immediately any change of information about yourself or your company.

DTZ hereby reserves the right to suspend or terminate your registration and refuse any and all current or future use of this site or other sites owned or operated by DTZ or to provide the Service to you if it is found out or suspected that you provide any information that is untrue, inaccurate, not current or incomplete or fail to notify DTZ immediately of any change of information as aforesaid.

6.    

Privacy DTZ will only collect and use the information provided by you in accordance with the Privacy Policy as set out in the Second Schedule (“the Privacy Policy”).

7.    

Disclaimer The Product provided as part of the Service is provided without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, DTZ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose of goods, services or other matters referred to in any of its web sites

DTZ does not warrant that the functions contained in its web sites will be uninterrupted or error free, that defects will be corrected, or that its web sites or server are free of viruses or other harmful components. DTZ does not warrant or make any representations regarding the Product or the Service or the results of the use of the Product or the Service or any information contained in its web sites in terms of their correctness, timeliness, accuracy, reliability, or otherwise.

The Product provided by DTZ is for informational purposes only and is in no way intended for trading or investing purposes. DTZ shall not be responsible or liable for any loss, damage or cost which you may suffer or incur as a result of your reliance on the Product or the Service or any information or materials transmitted from any of the DTZ web sites including this site and for any trading or investment decisions made based on the Product or the Service or such information or material. You hereby irrevocably waive any claim against DTZ with respect to your use of the Product or the Service or any information or materials as aforesaid

7.    

Limitation of Liability Under no circumstances shall DTZ be liable for any direct or indirect, special or consequential damages that may result from the access or use of, or the inability to access or use of the Service or of this web site or any sites or pages linked to this web site.

8.    

Indemnity You hereby agree to indemnify and keep DTZ indemnified against any damage, claim, demand, proceedings brought against DTZ arising out of your use of the Service and/or the Product in breach of the Terms. You also agree to reimburse DTZ of all costs and expenses, including, without limitation, legal costs, that may be incurred by DTZ in enforcing any or part of the Terms.

9.    

Termination The Terms are effective until terminated or revoked by DTZ. You may terminate your agreement to the Terms at any time by ceasing to use the Service and destroying the Product or any other materials obtained from any and all of the Web sites owned or operated by DTZ.

For the avoidance of doubt, the Terms may be terminated or revoked at any time at the sole discretion of DTZ without prior notice.

10.    

Jurisdiction The Terms are governed by and construed in accordance with Hong Kong laws and you hereby agree to submit to the exclusive jurisdiction of the Hong Kong courts.

11.    

General If any provision of the Terms is held to be invalid or unenforceable unless part of the wording thereof is modified or deleted, it shall apply with such modifications or deletions as may be necessary to make it enforceable.

The First Schedule – Basis of Valuation

The Second Schedule – Privacy Policy

 

The First Schedule

 

Basis of Valuation

Our valuation of the property represents its market value which in accordance with the Valuation Standards on Properties of the Hong Kong Institute of Surveyors is defined as "the estimated amount for which a property should exchange on the date of valuation between a willing buyer and a willing seller in an arm's-length transaction after proper marketing wherein the parties had each acted knowledgeably, prudently and without compulsion."

 

Valuation Assumptions

The valuation has excluded any estimated price inflated or deflated by special terms or circumstances such as atypical financing, sale and leaseback arrangement, special considerations or concessions granted by anyone associated with the sale, or any element of special value.

 

 

No allowance has been made in the valuation for any charges, mortgages or amounts owing on the property nor any expenses or taxation which may be incurred in effecting a sale.  Unless otherwise stated, it is assumed that the property is free from encumbrances, restrictions and outgoings of any onerous nature which could affect its value.

 

Method of Valuation

The property is valued by direct comparison approach assuming sale of the property in its existing state with the benefit of immediate vacant possession and by making reference to comparable sales transactions as available in the relevant market.

 

Source of Information

DTZ has relied to a very considerable extent on the information from Rating and Valuation Department, Buildings Departments and the brochures supplied by the developers etc. Dimensions and measurements are therefore only approximations.  No on-site measurement has been carried out.

 

Land Tenure

In valuing the property the Government Lease of which expired before 30th June, 1997, DTZ has taken into account the provisions contained in Annex III of the Joint Declaration of the Government of the United Kingdom and the Government of the People’s Republic of China on the Question of Hong Kong as well as in the New Territories Leases (Extension) Ordinance under which such lease has been extended without premium until 30th June, 2047 and that a rent of three per cent. of the rateable value is charged per annum from the date of extension.

 

No Title Investigation

DTZ has not carried out land search at the relevant Land Registry to verify the title and encumbrances of the property.

 

Site

Inspection

DTZ has not inspected the exterior and interior of the property.  No structural survey has been made. DTZ is unable to report whether the property is free of rot, infestation or any other structural defects.  No test was carried out on any of the services.

 

Non-disclosure

Neither the whole nor any part of the Valuation or any reference thereto may be included in any document, circular or statement without our prior written approval.

 

No Liability to Third Party

The Valuation is for the use only of the party to whom it is addressed and no responsibility is accepted to any third party for the whole or any part of its contents.

 

Subject to Formal Valuation

The Valuation is subject to confirmation by formal valuation report to be prepared upon further instruction.

 

The Second Schedule

Privacy Policy

Data

DTZ is committed to safeguarding the privacy of individuals with respect to personal data. DTZ therefore makes sure that its policies and practices in relation to the collection, use, retention, transfer and access of personal data comply with the requirements of the Personal Data (Privacy) Ordinance (Chapter 486) under the laws of Hong Kong.

As a DTZ’s customer, it may be necessary for you to provide DTZ with your personal information ("Personal Data") when you apply to DTZ and or continue to subscribe with DTZ for a service and/or product ("Service"). If your Personal Data is incomplete or incorrect, DTZ may not be able to provide or continue to provide the Service to you.

DTZ shall keep your Personal Data confidential at all times. DTZ’s policies and practices with respect to the collection, use, retention, disclosure, transfer, security and access of Personal Data will be in accordance with the laws of Hong Kong .

You agree that your Personal Data provided by you to DTZ may be used and retained by DTZ for the following purposes and for other purposes as shall be agreed between you and DTZ or required by law from time to time :

(1)    Analyzing, verifying and/or checking of your credit, payment and/or status in relation to the provision of the Service;

(2)    Processing of any payment instructions, direct debit facilities and/or credit facilities requested by you;

(3)    Enabling the daily operation of your account and/or the collection of amounts outstanding in your account in relation to the Service; and

Marketing

If you have once given DTZ your personally identifiable information, you may receive from DTZ or its affiliated companies from time to time telephone calls, email and direct mailings containing promotional materials. Please notify DTZ if you do not want to receive them. You may be asked to indicate your preference before signing up for any of DTZ’s paid services

Security

All personal data you provide to DTZ is secured on DTZ’s web site with restricted access by authorized personnel only. DTZ’s online registration process uses the SSL protocol link for data transmission so as to protect your data via encrypting it in a secure format to ensure its privacy is maintained.

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