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 Cushman & Wakefield Limited (“C&W”)
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,
C&W 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 C&W to charge your   credit card account designated by you when you registered for the Service at   HKD20 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 C&W.   C&W 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 C&W. 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 C&W.

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 C&W, you will   be doing so at your own risk and C&W 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, C&W   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 C&W 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 C&W immediately any change of information about yourself or   your company.

C&W 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 C&W 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 C&W immediately of any change of information   as aforesaid.

6.Privacy

C&W 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, C&W 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

C&W   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. C&W 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 C&W is for informational purposes only and is in no   way intended for trading or investing purposes. C&W 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 C&W 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 C&W with respect to your use of the   Product or the Service or any information or materials as aforesaid

8.Limitation of   Liability

Under   no circumstances shall C&W 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.

9.Indemnity

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

10.Termination

The Terms are   effective until terminated or revoked by C&W. 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 C&W.

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

11.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.

12.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

Basis of Valuation

Our Valuation   represents a preliminary indication of the market value of the property. The market   value, 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 arms-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 Valuation is   based on 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

C&W 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, C&W 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

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

Site Inspection

C&W has not   inspected the exterior and interior of the property. No structural survey has   been made. C&W 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 serves as a preliminary indication only and is subject to confirmation by formal   valuation report to be prepared upon further instruction.

 

The Second Schedule - Private Policy

Data

C&W is committed to   safeguarding the privacy of individuals with respect to personal data. C&W   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 C&W’s   customer, it may be necessary for you to provide C&W with your personal   information (Personal Data) when you apply to C&W and or   continue to subscribe with C&W for a service and/or product   (Service). If your Personal Data is incomplete or incorrect, C&W   may not be able to provide or continue to provide the Service to you.

C&W shall   keep your Personal Data confidential at all times. C&W’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 C&W may be   used and retained by C&W for the following purposes and for other   purposes as shall be agreed between you and C&W 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 C&W your personally   identifiable information, you may receive from C&W or its affiliated   companies from time to time telephone calls, email and direct mailings   containing promotional materials. Please notify C&W if you do not want to   receive them. You may be asked to indicate your preference before signing up   for any of C&W’s paid services.

Security

All personal data you provide to C&W is   secured on C&W’s web site with restricted access by authorized personnel only.   C&W’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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