Terms and Conditions of Use and Privacy Statement

Terms and Conditions of Use

All use of The Property Standardisation Group’s (“PSG“) website located at http://www.psglegal.co.uk (“Website“), and any documents or guidance notes published on it (“Materials“), is subject to the terms and conditions set out below (“Terms“). Please read the Terms carefully before accessing the Website. By using the Website and/or any Materials published on it you accept these Terms and agree to abide by them. If you do not agree to all of the Terms, you may not use any of the Materials and should leave the Website immediately.

1. Information About Us: The Website is operated by PSG, an unincorporated association formed by four law firms. Please see the “Who We Are” section of the Home page of the Website for further details. Contact details for the four members of PSG are set out under the “Contact Us” section of the Home page of the Website.

2. Copyright: This Website, and all Materials published on it, is owned by and remains vested in PSG, and is protected under the copyright laws of the United Kingdom, international copyright treaties and all other applicable copyright and intellectual property laws. You will not acquire any right, title or interest in or to any Materials as a result of your use of such, and no such rights are implied.

3. Conditions of Use: You may download, print, copy, reproduce and use the Materials unmodified (except for inclusion of the party names, dates and property particulars of the relevant transaction) for commercial and non-commercial purposes. Where you use or reproduce any unmodified Materials (a) you may not remove, alter, obscure, add or interfere with any PSG trade mark or any other proprietary mark or notice contained on or affixed to such Materials; and (b) you must acknowledge on all unmodified Materials that they are owned by PSG and that PSG reserves all intellectual property rights in the Materials.

If you modify or make changes to the text of any of the Materials, you must remove the PSG trade mark and any other proprietary marks or notices from such modified Materials. You may not represent any modified or amended Materials as being a PSG approved style or document.

You may not transmit, licence, sell, transfer, distribute or otherwise commercialise the Materials without PSG’s prior written consent.

4. Accuracy of Information and Disclaimer: The information, Materials and functions contained in the Website including text, graphics, links, Microsoft Word templates, Microsoft Word documents, guidance notes or other items (“PSG Website Content“) are provided for information only on an “as is” basis. Use of the PSG Website Content is at the user’s own risk. None of PSG, the participating law firms who prepared the PSG Website Content and their partners or employees (“PSG Participants“) warrants, guarantees or represents that the PSG Website Content (or any of it) is accurate or reflects modern law or practice relating to commercial property transactions; that the guidance notes comprise complete and accurate statements of the law to which they relate; or that comments and/or suggestions within the guidance notes are appropriate or sufficient for any particular transaction. To the fullest extent permitted by applicable law the PSG Participants: (a) disclaim all warranties, representations, understandings whatsoever, express or implied (whether by statute or common law and including to the user and the user’s clients) in relation to the PSG Website Content, including but not limited to warranties of satisfactory quality, merchantability, fitness for a particular purpose, freedom from computer viruses, and non-infringement of third parties’ rights and (b) exclude all liability for any errors, inaccuracies or omissions from information, materials and functions included in the PSG Website Content.

PSG operates the Website from Scotland and makes no representation or warranty that the information contained on the Website is appropriate for use outside the United Kingdom.

5. Liability: The PSG Participants accept no liability, and to the fullest extent permitted by law expressly exclude all liability (including to the users of the Website and/or their clients), for any loss or damage arising out of or in connection with any use of the Website, the Materials or PSG Website Content. PSG will not be liable for any direct or indirect, special, incidental or consequential loss or damage whatsoever, or damages for loss of profits, turnover, business, income, revenue, contracts, anticipated savings, data, goodwill, management time, work stoppage and computer failure resulting from the use of, the results of the use of, or inability to use, the Website, Materials or any PSG Website Content, or from the interruption or non-availability of the Website, its operation or transmission, computer viruses, loss of data or otherwise in respect of the use of the Website, any links to it and/or any Materials published on it howsoever caused (including via the accessing or downloading of any Materials, and whether by delict, tort (including negligence), breach of contract or otherwise) even if foreseeable or if the PSG Participants will have been advised of the possibility of such damage. For the avoidance of doubt, nothing in these Terms is intended to limit or exclude PSG’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

6. Access and Changes to the Terms, Website and/or Materials: PSG reserves its right in its sole discretion to amend these Terms, or to amend, suspend, withdraw or close indefinitely the Website, to restrict access to some parts of the Website, or the entire Website, to any users, or any Materials published on it, without notice. You should therefore review the Terms and Materials from time to time to take notice of any such changes. PSG will not be liable if for any reason the Website is unavailable at any time or for any period.

7. Links: The Website may from time to time contain links to other websites and resources provided by third parties which may be of interest to users. Such third party websites and resources are independent of PSG and such links are provided for information only. PSG has no control over the contents of any third party websites or resources and does not endorse them. Use of such links is therefore at your own risk and PSG accepts no responsibility for them, or for any loss or damage that may arise from your use of them. You should take your own precautions to ensure that such links are free from viruses, worms, trojan horses, logic bombs or other malicious or technologically harmful material which may infect computer equipment, computer programs, data or other proprietary material (“Viruses“).

You may not frame the Website on any other website, or link to the Website without PSG’s prior written consent. Where such consent is granted, the link must be in a way that is fair and legal and does not damage PSG’s reputation or suggest any form of association, approval or endorsement on PSG’s part with your website or business. PSG reserves its right to withdraw linking permission without notice.

8. Viruses, Hacking and other Offences: You must not misuse the Website by knowingly introducing any Viruses. You shall not attempt to gain unauthorised access to the Website, PSG’s server on which the Website is stored or any server, computer or data base connected to the Website or those of any of the PSG Participants. Any breach of this provision constitutes a criminal offence under the Computer Misuse Act 1990 and PSG will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

PSG does not represent or warrant that the Website will be uninterrupted or virus-free or that the Website or server that makes the Website available is free of viruses or other harmful components. PSG will not be liable for any loss or damage caused by a denial of service attack or Viruses as a result of your use of the Website, or downloading of any Materials or any third party website linked to the Website.

9. Governing Law and Jurisdiction: These Terms are governed by and are to be construed in accordance with the law of Scotland and in so far as not already subject to it, the parties irrevocably submit to the non-exclusive jurisdiction of the Scottish Courts. You are responsible for compliance with any applicable laws of the country from which you are accessing the Website. The place of performance is Scotland.

10. General: Failure by PSG to enforce any right does not constitute its waiver of such right. If any provision of these Terms is deemed to be invalid, illegal or unenforceable by a court of competent jurisdiction, the rest of the Terms will remain in full force and effect. These Terms, together with the Privacy Statement set out below, constitute the entire agreement between you and PSG relating to your use of the Website and supersede all other or previous agreements and understandings between you and PSG.

11. Your Data: In the event any data is collected from the Website, it will be processed in accordance with PSG’s Privacy Statement. By using the Website, you also agree to the terms of PSG’s Privacy Statement, details of which are set out below.

12. Reservation of Rights: All rights not expressly granted in these Terms are expressly reserved to PSG.

If you have any concerns about the Materials published on the Website, or if you have any queries on these Terms, please contact one of the PSG Participants at the address set out under the “Contact Us” section on the Home page.

© Property Standardisation Group
Terms and Conditions of Use
Version 3: January 2012