Conditions of use

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isurv WorkSmart ('the Service') is supplied by the Royal Institution of Chartered Surveyors (RICS) whose principal place of business is Parliament Square, London SW1P 3AD. The Service is available on www.isurvworksmart.com.

The Service contains materials, forms, documents, reports, sample phrases and information ('Materials') and is updated by RICS from time to time. The following terms and conditions apply to use of the Service where users are duly authorised individuals and organisations to include educational establishments ('Authorised Users'). A reference to an Unauthorised Person means any person who is not an Authorised User or a party who the Authorised User does not have a contractual arrangement with in the ordinary course of their business. Following the expiry of any licence, RICS makes no representations, warranties or guarantees in relation to any Materials held and accepts no liability in relation to any Materials accessed by any party.

Acceptance of Terms and Conditions

Your use of the Service will be subject to these terms and conditions and the RICS websites Terms and Conditions at http://www.rics.org/terms (‘the Terms and Conditions’). You consent to these Terms and Conditions when you use the Service. If you disagree with any part of the Terms and Conditions, please refrain from using the Service. Following the expiry of any licence, RICS makes no representations, warranties or guarantees in relation to any Materials held and accepts no liability in relation to any Materials accessed by any party.

1. What you are allowed to do

1.1 Authorised Users may use the Service and the Materials that appear on it from time to time for core business activities (including training where permitted by RICS to do so) or to support their own private study or research, and for this purpose may:

(a) interact with the content of the Materials to produce bespoke documentation as enabled by the Service;

(b) display the Materials on screen and promote the Service to third parties;

(c) print/publish any items included in the Materials (as authorised by RICS), on a commercial licensing basis, using the printing commands contained in the Service and making the required payment;

(d) print blank forms, documents and/or reports included in the Materials for information purposes only (but not for commercial use, including, for the avoidance of doubt, the sample phrases);

(e) print draft forms, documents and/or reports included in the Materials for verification purposes only and not for any commercial use or onward transmission;

(f) download and store in machine readable form a single copy of insubstantial portions of the Materials for the Authorised Users' exclusive, non-commercial use.

1.2 All Authorised Users can only access the Service and Materials at the location(s) as permitted by RICS.

2. Restrictions on use

2.1 Where the Authorised User is a student of an educational establishment that does not have a licence for off campus access for Authorised Users, Authorised Users may not access the Service and the Materials off site of their educational establishment.

2.2 Authorised Users may not:

(a) make multiple printouts or copies of Materials for distribution to Unauthorised Persons;

(b) re-sell the Service or any part of the Materials to others;

(c) make the Service or any Materials available to Unauthorised Persons on a local area network, a wide area network or on any intranet or extranet, without written prior permission of RICS;

(d) use the Service for training purposes unless licensed to do so by RICS under a training licence;

(e) abstract, download, store, reproduce, transmit, display, copy, distribute or use the Materials other than as permitted by paragraph 1 above or in any way for direct or indirect commercial exploitation;

(f) use the same published Materials for more than one instruction;

(g) use the Service in a manner such that unsolicited promotional or advertising material is generated, or volume messages which may interfere with the provision of the Service or the enjoyment of the Service by other users is compromised.

3. Content

(a) Materials and features may be added to and removed from the Service without notice.

(b) The Service and the Materials and information it contains are not intended either as a substitute for professional advice or judgement or to provide legal or other advice with respect to particular circumstances. No responsibility for loss occasioned to any person acting or refraining from action as a result of the Materials or the Service can be accepted by RICS.

(c) Every effort is made to keep Materials up to date but Authorised Users should obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result.

4. Price

(a) The price for publishing Materials will be as quoted on the Site and may vary according to the number of items purchased. RICS reserves the right to change the prices at any time.

(b) Payment must be made, in advance, when publishing Materials and will be made via WorldPay or RICS trade account where credits will be deducted from.

(c) No refunds will be payable by RICS, including, but not limited to when any credits are unused or when a report type is no longer available.

5. Intellectual property rights

(a) All intellectual property rights in any material (including databases, data, content, text, graphics, photographs and other images and sound, trademarks, domain names and logos) contained in the Service or Materials are either owned by RICS or have been licensed to RICS by the rights owner(s). RICS will not tolerate any misuse of its trademarks. You are only allowed to use the Service and the Materials as set out in these terms and conditions.

(b) Database rights (pursuant to the Copyright and Rights in Databases Regulations 1997) and all other applicable intellectual property rights in databases belong to RICS. You acknowledge that you do not acquire any rights in either database except as set out in these terms and conditions.

(c) RICS status as authors of the Materials must always be acknowledged.

6. Privacy of your data

RICS stores and processes data strictly in accordance with the Data Protection Act 1998. Click here to view the RICS Privacy Policy.

RICS may monitor your use of the Service including any information you post so as to generally improve the Service and to retain records to be used in the event of complaints or customer service issues. However, RICS accepts no obligation to monitor the use of the Service.

7. Changes to the Terms and Conditions

RICS reserve the right to change or update the Terms and Conditions relating to the use of the Service from time to time without prior notice to Authorised Users.

8. Governing Law

These Terms and Conditions are guaranteed by and constructed in accordance with English law with English courts having exclusive jurisdiction.

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