Advertiser Terms of Use | Print version
Last updated: 11 March 2010

These Terms of Use are directed at advertisers advertising available property on www.londonnewenterprise.co.uk.

1. INTRODUCTION
1.1 anyspacedirect.co.uk owns and/or controls the website at www.anyspacedirect and any relateddomains (including, without limitation, www.londonenterprise.co.uk) (together, the “Site”). “You” or “Advertiser” are a person or entity advertising Business Units (as defined below) on the Site. By clicking the “accept” button below, you agree to the terms contained in these Terms of Use and agree to abide by them. If you do not agree to these Terms of Use, please refrain from using the Site.

1.2 Any guidance or other Content (as defined below) regarding new business space, property or land (“Business Unit(s)”) available for new business enterprises (“New Business Enterprises”) uploaded by you or any third party is made available at your own risk.

1.3 You agree that we may update these Terms of Use from time to time and you will be bound by such updated Terms of Use. We recommend you check these Terms of Use periodically so that you are aware of any changes made to them by us.

1.4 If you find any change to these Terms of Use unacceptable, you should stop using the Site immediately. If you continue to use the Site following a new set of terms being posted on the Site, you will be deemed to have accepted such new terms of use.

2 ACCESSING THE SITE
2.1 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on the Site without notice. We will not be liable if, for any reason, the Site is unavailable at any time or for any period.

2.2 By using the Site, you represent and warrant that, if you are an individual, you are 18 or over and that you have the capacity to understand, agree to and comply with these Terms of Use.

2.3 From time to time, we may restrict access to some parts of the Site, or the entire Site.

2.4 You are responsible for making all arrangements necessary for you to have access to the Site and any charges associated with such access. We shall not be responsible for any connection or access to the Site by you, or the quality of the transmission of any information passing between you and the Site.

2.5 Any enquiries submitted to you via the Site regarding Business Unit(s) advertised will be sent by email directly to you. We do not accept any liability for any subsequent communications that you receive from or send to that user directly.

2.6 The Site is maintained, controlled and operated by us from the United Kingdom and we make no representation that any of the Content on it is appropriate or available for use in other territories. If you use the Site from outside the United Kingdom, you are responsible for compliance with all applicable local laws and regulations.

3 UPLOADING CONTENT TO THE SITE
3.1 As an authorised Advertiser, we may now or in the future give you the ability to upload or submit content and information in connection with Business Units (including, without limitation, text, photographs, graphics, video or audio material and any underlying material) (“Content”) to the Site. You must comply at all times with the Advertiser Warranties set out at Section 4 below.

3.2 By submitting any Content to any area of the Site and in consideration of us making available to you the opportunity to upload or submit Content to the Site (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant us (and our successors and assigns) a non-exclusive, worldwide, royalty-free licence (including the right to sub-license) in perpetuity of the right, subject to these Terms of Use, to use the Content in any way, including (without limitation) the right to copy, edit, adapt, reformat, translate, create derivative works from, incorporate into other works, communicate to the public, commercialise and otherwise exploit such Content (whether in whole or in part, or copies of the same) in any format or medium currently known or developed in the future, whether for commercial or non-commercial purposes.

3.3 When you upload Content to the Site it may be publicly available. This means that all Site users can view your Content. We can position your Content anywhere on the Site, as we choose in our sole discretion.

3.4 We are not under any obligation to check the accuracy or truthfulness of the Content, nor to monitor any users’ use of the Site.

3.5 Advertisers providing a Business Unit to a user must do so under the terms of an agreement to which are negotiated between the Advertiser and the user and to which each are a party.

3.6 We reserve the right not to publish any Content submitted or uploaded on to the Site by an Advertiser. In this regard, we further reserve the right to remove Content submitted by an Advertiser at our sole discretion.

3.7 We will not charge any fees to enable you to make Content available on the Site. However, we reserve the right to begin charging Advertisers for the right to upload Content to the Site. We will agree such fee with you, and we will only charge you any fees if: (i) we and you enter into a separate written agreement varying the terms of these Terms of Use; or (ii) you accept a new set of Terms of Use.

4 ADVERTISER WARRANTIES

4.1 You, as the Advertiser, warrant, represent and undertake:

4.1.1 the Content is your or your company’s own original work and you or your company own the entire right, title and interest in and to the Content and/or you have all necessary licences, rights, consents and permissions to use, and to authorise us to use, any and all intellectual property rights embodied in such Content to enable us to use the Content in the manner contemplated by these Terms of Use.

4.1.2 that you primarily operate as an agent, developer or landlord, and are providing the services normally associated with the business of selling, developing or letting commercial properties and have not or will not, in our sole opinion, misrepresent the nature of your business to Workspace or users of the Site;

4.1.3 that unless you are a landlord, you are not dealing as a consumer for the purposes of the Unfair Contract Terms Act 1977;

4.1.4 that you assume full responsibility for any Content submitted by you, and must present such Content accurately and in a clear and concise manner, and remove any offers which are not valid or accurate in a prompt and timely fashion;

4.1.5 that your Content will only include information on unsold/unlet property or land appropriate to your use of the site as an Advertiser. For the avoidance of doubt, your Content must not include details of Business Units if you or your business are not properly authorised to market that Business Unit or that Business Unit is not freely available for sale or let;

4.1.6 that where you provide images to be shown with the Business Unit you are marketing, such images are only of the property or land being offered, the New Business Enterprise occupier lifestyle and immediate locale;

4.1.7 to submit your Content to us in accordance with any specifications and/or in the format specified by Workspace and in such a way as not to have a detrimental effect on, or compromise the Site in any way, including without limitation, its operation or as regards user-experience;

4.1.8 to provide Workspace with a valid working email address and telephone number for contacting you or your company, and immediately advise Workspace of any changes or technical problems that would prevent you or your company from receiving emails, calls or any other communications by us. We will not be liable for any lost business if we cannot contact you;

4.1.9 that all your advertisements for Business Units will be aimed directly at and will offer New Business Enterprises more advantageous terms than would otherwise be available on the open market;

4.1.10 to respond to any enquiry by users of the Site in a prompt and timely fashion;

4.1.11 to assume full responsibility for any business or strategic guidance or advice provided to users and/or uploaded by you to the Site;

4.1.12 to comply fully with your obligations under the Data Protection Act 1988 with respect to personal data provided by users and not make available any personal data to third parties without explicit consent;

4.1.13 to act in accordance with the highest professional standard required of a supplier with experience and expertise in carrying on business in the same or similar area of business as yours, within the UK and if you or operate outside the UK, within that jurisdiction as well; and

4.1.14 to ensure that you and any Content submitted by you complies with all applicable law and regulation (including, without limitation, the Property Misdescriptions Act 1991, The Housing Act 2004 and The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 and any other law or regulation which applies to the marketing of property or land);

4.1.15 not to use the Site for any unlawful purpose nor upload or submit Content that is defamatory, obscene, pornographic, sexually explicit, abusive, harassing, threatening or offensive, racially, ethnically or otherwise objectionable or otherwise violates the intellectual property or other rights of any third parties;

4.1.16 not to submit or upload Content that is unlawful or promotes or encourages illegal activity;

4.1.17 not to submit Content of any third party without such third party's prior written consent, or Content that falsely expresses or implies that such Content is sponsored or endorsed by the Site;

4.1.18 not to submit any Content containing links to unsuitable or irrelevant website addresses, such as pornographic or commercial sites;

4.1.19 not to impersonate another person or create a false or misleading identity for the purpose of misleading others as to your identity, or to collect information about other users;
 
4.1.20 not to submit any material or do anything that results in the transmission of junk email, chain letters, duplicative or unsolicited messages or so-called “spamming” and “phishing”;

4.1.21 not to upload or submit any Content containing any virus, corrupt file, worm programme or other malicious code designed to interrupt, destroy or limit the functionality of the Site; and

4.1.22 not to copy, adapt, alter or create a derivative work from any Content on the Site.

5 INDEMNITY
5.1 You hereby indemnify and keep us and any of our officers, directors, employees, agents, representatives, licensors, suppliers and operational service providers fully and effectively indemnified from and against any and all claims, actions, proceedings, demands, damages (actual and consequential), losses, liabilities, costs and expenses (including reasonable solicitor’s fees) suffered or reasonably incurred by us as a result of, or in connection with, your access to and use of the Site or conduct other than in accordance with these Terms of Use or any applicable law or regulation.

6 COPYRIGHT INFRINGEMENT

6.1 If you are an Advertiser (or acting on behalf of an Advertiser) and believe that any material on the Site infringes your rights, you must give us notice by sending a written statement including the information set out below (in the same order as set out below):

a) that you are the rightsowner or are authorised to act on the rights- owner's behalf;

b) that you have identified material on the Site which infringes your rights (or infringes the rights of a third party on whose behalf you are entitled to act) and you believe in good faith that use of the material in the manner complained of is not authorised by you, the rightsowner's agent or by law;

c) if applicable, a description of the copyright work that you claim has been infringed, which should include the type of work (such as a photograph or trademark) and any relevant further details (such as the title and date of publication, as applicable);

d) a description of the way in which your rights have been infringed;

e) information reasonably sufficient to permit us to locate the material in question on the Site (including a URL and/or screen shot);

f) information that will enable us to contact you; and

g) a statement signed by an authorized signatory that the information in the notification is true and accurate.

Completed statements should then be sent to

Attention: anyspacedirect.co.uk

Magenta House
85 Whitehchapel Rd
E1 1DU

6.2 If you believe that we have removed Content that you have uploaded to the Site in error, you may send us a written counter-notice including the information set out below (in the same order as set out below):

a) details of the Content that has been removed or to which access has been disabled;

b) information reasonably sufficient to permit us to know where the Content in question had been located on the Site (including a URL and/or screen shot);

c) a statement that you believe in good faith that the Content that you have identified has been removed by mistake and your reasons for believing this;

d) information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address

e) a statement that you agree to be contacted by the person (or an authorised representative of such person) who gave us the notice in the first place.

Completed counter-notices should then be sent to

Attention: anyspacedirect.co.uk
Magenta House
85 Whitehchapel Rd
E1 1DU


6.3 We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy or any other law.

7 LINKS AND OTHER CONTENT
7.1 The Site may contain links to other sites, resources and purchase opportunities provided by third parties. These links are provided for your information only. We have no control over the content of those sites or resources, and accept no responsibility for them. We reserve the right to remove any links at any time for any reason without notice to you at our sole discretion.

8 LINKING TO OUR SITE
8.1 You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

8.2 Links to the Site do not imply that we endorse, are affiliated with, or are associated with any linked site or that any linked site is authorised to use any of our trade marks, trade names, brands, logos or copyright symbols or those of any of our affiliates or licensors.

8.3 You must not frame any portion or pages of the Site on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the Advertiser Warranties set out at Section 4 of these Terms of Use.

9 TERMINATION OF USE

9.1 We reserve the right in our sole discretion at any time without liability and with or without prior notice to you:

a) not to make available any Content on the Site;

b) to remove, suspend or disable access to any Content;

c) to suspend or revoke your use of the Site (where applicable) and your right to access and/or use the Site or submit any Content; and

d) to use any technological, legal, operational or other means available to enforce these Terms of Use, including (without limitation) blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable).

9.2 The following sections shall survive any termination of your use of the Site: Sections 4, 5, 10, 11 and 12.

10 INTELLECTUAL PROPERTY

10.1 You will remain the owner of the copyright in any original Content that you submit or upload. To the extent any rights in such Content vest in us, we assign to you all right, title and interest in such content.

10.2 The parties acknowledge that, as between you and us, all right, title and interest in the design, source code, proprietary technology and look and feel of the Site is our property (“Workspace Intellectual Property”).

10.3 To the extent you acquire any right, title or interest in or to any Workspace Intellectual Property, you hereby assign absolutely by way of present assignment of present and future copyright to us all such right, title and interest at no charge or expense to us.

11 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

11.1 The Site is provided "as is" and on an "as available" basis. You use the Site at your own risk. We shall have no liability to you whatsoever. The Site is provided by us without any guarantees, conditions or warranties. To the extent permitted by law, we and other members of our group of companies expressly exclude:

a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

b) Any liability incurred by you in connection with the Site or in connection with your use, inability to use, or results of your use of the Site, any websites linked to it and any Content posted on it, including, without limitation any liability for any loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not foreseeable and whether arising directly or indirectly.

11.2 Notwithstanding Section 11.1, neither our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation is excluded.

11.3 We do not warrant that the Site will be uninterrupted or error free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or bugs.

11.4 We expressly disclaim any and all responsibility and liability for the conduct of any other users of the Site, and expressly disclaim any liability for material submitted or uploaded by other users.

12 GENERAL

12.1 If, for any reason, any of these terms are determined to be illegal, invalid or otherwise unenforceable by a court of competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Use and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

12.2 No failure or delay by us in exercising any right, power or privilege under these Terms of Use shall operate as a waiver of such right or acceptance of any variation of these Terms of Use and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

12.3 These Terms of Use set out the entire agreement and understanding between us and you and supersedes all previous agreements, representations and arrangements between us (either oral or written).

12.4 Nothing in this Agreement shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of this Agreement and The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms of Use.

12.5 These Terms of Use are governed by English law and the English courts will have exclusive jurisdiction over any claim arising from, or related to these Terms of Use and/or a visit to the Site.

13 ABOUT US


www.anyspacedirect.co.uk and www.londonnewenterprise.co.uk are sites owned and operated by Workspace Group PLC.

We are registered in England and Wales under company number 07117982.

Our registered office is at
anyspacedirect.co.uk
Magenta House
85 Whitehchapel Rd
E1 1DU

Our main trading address is
anyspacedirect.co.uk
Magenta House
85 Whitehchapel Rd
E1 1DU