Terms and Conditions

These terms and conditions ("Terms") (together with our Privacy Policy contain the terms on which you may use the website located at www.lsh.co.uk or such other Lambert Smith Hampton websites ("Websites"), and the terms on which you may access and use the services and information available via the Websites ("Services").

The Website is operated by Lambert Smith Hampton Group Limited (a limited liability company incorporated under the laws of England and Wales with company number: 02521225 and whose registered office is at United Kingdom House, 180 Oxford Street, London W1D 1NN ("we/us/our").

Please read these Terms carefully before you start using the Website and/or Services. By using the Website you indicate that you accept these Terms and that you agree to be legally bound by them. If you do not agree to these Terms, please refrain from using the Website and Services. We recommend that you print and retain a copy of these Terms for your records.

1.	Definitions
1.1	The following words and phrases used in these Terms shall have the following meanings, except where the context clearly requires otherwise:
1.1.1	"Affiliates" means our parent company, subsidiaries, group companies, affiliates, officers, directors, agents, and employees;
1.1.2	"Content" means any information and/or data in whatever format you provide to us via the Website;
1.1.3	"Indirect or Consequential Loss" means without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of use of money, loss of anticipated savings, loss of data, loss of goodwill, loss of reputation and wasted management or office time or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise;
1.1.4	"Personal Data" has the meaning given to it in the Data Protection Act 1998;
1.1.5	"Property Database" means our proprietary database containing property details and which can be accessed and searched via the Website;
1.1.6	"Research" means any research material produced by us and that is published on the Website;
1.1.7	"Website Content" means all content on the Website, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement and specifically including the Property Database and any Research;
1.1.8	"Web Scraping" means the practice of extracting information from websites through the use of software; and
1.1.9	"You/you" means the person, partnership and/or corporate entity accessing or using the Website and/or Services.
Back to top
2.	Changes to the Website and the Terms
2.1	We aim to update the Website regularly, and may change the Website at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website or Services, including the Content and the Website Content, may be out of date at any given time, and we are under no obligation to update such material.
2.2	We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
3.	Accessing the Website and Services
3.1	While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2	Access to the Website and Services is permitted on a temporary basis, and we reserve the right to withdraw or amend access to the Website and/or Services without notice. We will not be liable if for any reason the Website or Services are unavailable at any time or for any period.
3.3	From time to time, we may restrict your access to parts of the Website or Services, or the entire Website.
3.4	You are responsible for ensuring that all persons who access the Website and/or Services through your internet connection are aware of these Terms, and that they comply with them.
Back to top
4.	Your Content and Conduct
4.1	Other than Personal Data, which is covered under the Privacy Policy, any Content you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2	You are prohibited from posting or transmitting to or from the Website any material:
4.2.1	that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
4.2.2	for which you have not obtained all necessary licences and/or approvals;
4.2.3	which would result in a breach of privacy, contract, duty of confidence or the Official Secrets Act 1989; or
4.2.4	which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights (including intellectual property rights) of any third party, in any country in the world;
4.2.5	where such action would constitute contempt of court; or
4.2.6	which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3	You must not:
4.3.1	attempt to gain unauthorised access to the Website and/or the Services, the server on which our Website is stored or any server, computer or database connected to our Website;
4.3.2	use robot, spider, scraper or other automated means to access the Website;
4.3.3	represent that you are associated with us, the Website or the Services; or
4.3.4	attack the Website via a denial-of-service attack or a distributed denial-of service attack;
4.3.5	use Website Scraping techniques to extract information from the Website;
4.3.6	upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
4.4	We may, but have no obligation to, remove Content or any part thereof that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any third-party's intellectual property rights or offends these Terms. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website and the Services will cease immediately.
4.5	We will not be responsible, or liable to any third party, for the content or accuracy of any Content.
Back to top
5.	Technical Conditions of Use and Support
	You understand that the technical processing and transmission of the Website and/or Services, including your Content, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
6.	Website Content
6.1	The Website Content is proprietary property belonging to us or our licensors, with all rights expressly reserved.
6.2	No Website Content may be modified, copied (including through the use of Website Scraping techniques), distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the our prior written permission, except that the foregoing does not apply to your own Content that you legally post on the Website. Provided that you are eligible for use of the Website, you are granted a limited license to access and use the Website and the Website Content and to download or print a copy of any portion of the Website Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
6.3	Except for your own Content (if any), you may not upload or republish Website Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Website Content is strictly prohibited. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Website or the Website Content other than as specifically authorised herein, without our prior written permission is strictly prohibited and will terminate the license granted herein. Such unauthorised use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.
6.4	Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
7.	Linking to the Website
7.1	You may link to the home page of the Website, provided that you do so in a way that is compatible with these Terms and which is otherwise 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.
7.2	You must not without our permission establish a link to our Website from any website that is not owned by you.
7.3	The Website must not be framed on any other Website. You may not create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.
Back to top
8.	Links from the Website
8.1	Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
8.2	We have no control over the content of third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
9.	Intellectual Property Rights
9.1	We are the owner or the licensee of all intellectual property rights in and to the Website and in and to the Services, including the Website Content, and in the material published on the Website and provided through it.
9.2	You must not modify in any way the whole or any part of the Website or the materials on it.
9.3	The material published on the Website and Services and provided through them, including the Website Content, may not be downloaded or copied (including through the use of Website Scraping techniques), with the exception that we grant you a non-exclusive licence to use the information provided to you via the Services for your own general purposes. You may not use our Services or the material published on the Website for your own commercial purposes.
9.4	Our status (and that of any identified contributors) as the authors of material on the Website or Services, including the Website Content, or provided via them must always be acknowledged.
9.5	You agree not to distribute any part or parts of the Website, Services or any of the materials on them, including the Website Content, without our prior written permission.
9.6	We claim no intellectual property rights over the material you provide to the Service, including the Content. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
9.7	We do not screen Content, but we do have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the Service.
9.8	You may not duplicate, copy, or reuse any portion of the Website without our express written permission.
9.9	f you wish to make any use of material on the Website or Services or provided through them other than that set out above, please address your request to our Digital Marketing team
10.	Disclaimer
10.1	All material, information, advice and commentary displayed on or provided through the Website and Services, including the Website Content, is provided entirely "as is" and are for information purposes only", without any guarantees, conditions or warranties as to its accuracy. It is not intended to be relied on by you, nor is it intended to amount to advice on which reliance should be placed.
10.2	We disclaim all liability and responsibility arising from any reliance placed on such material, information, advice and commentary by you or any other visitor to the Website or user of the Services, or by anyone who may be informed of any of their contents.
Back to top
11.	Non Waiver
11.1	Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
11.2	These Terms and the documents referred to in them constitute the entire agreement between you and us and govern your use of the Website and Services, superseding any prior agreements between you and us relating to the Website and Services (including, but not limited to, any prior versions of such documents).
11.3	If we fail, at any time, to insist upon strict performance of any of your obligations under the Terms or any of, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
11.4	A waiver by us of any default shall not constitute a waiver of any subsequent default.
11.5	No waiver by us of any provision of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
12.	Confidential information
	If, through your access to or use of the Website or the Services, you receive any confidential information belonging to us, you will keep such confidential information strictly confidential and will not disclose such confidential information to any third party without our explicit prior written consent.
13.	Information About you and your Visits to the Website
	We process information about you in accordance with our Privacy Policy. By using the Website and/or Services, you consent to such processing and you warrant that all data provided by you is accurate.
14.	Our Liability
14.1	To the extent permitted by law, we and our parent company, subsidiaries, group companies, affiliates, officers, directors, agents, employees, shareholders or any of them hereby expressly exclude:
14.1.1	All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
14.1.2	Any direct loss (except loss arising as a result of our negligence) and any punitive or Indirect or Consequential Loss or damage incurred by you or any other user of the Website and Services in connection with your use, inability to use, reliance on or results of the use of the Website (including the Website Content), Services, websites linked to the Website, and any materials posted to, broadcast on, or provided through the Website (including your Content), Services or websites linked to the Website; and
14.1.3	Any liability for loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website and use of the Services or your downloading of any Website Content or other material from the Website or any websites linked to the Website.
14.2	Our liability for death or personal injury arising from our negligence and for fraudulent misrepresentation (or any other liability which cannot be excluded or limited under applicable law) is not affected by the terms of this clause 14.
14.3	If your use of the Services on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
Back to top
15.	Indemnity
	You shall indemnify, defend and hold harmless us and our Affiliates (and the provisions of this clause shall be for the benefit of and enforceable by us and each of our Affiliates) against all liabilities, claim, demand, costs, expenses, damages and losses (including any direct, Indirect or Consequential Loss, and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us or made by a third party arising out of or in connection with your breach of these Terms, or your infringement of any law or the rights of any third party (including without limitation intellectual property rights).
16.	Third Parties
	Except for Affiliates, a person who is not a party to these Terms may not enforce any of its provisions under the Contracts (Rights of Third Parties) Act 1999.
17.	Jurisdiction and Applicable Law
	These Terms are governed by the laws of England and Wales and any disputes arising out of, under or in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
18.	Your Comments, Concerns or Suggestions
	Please send any comments, concerns or complaints you may have to our Digital Marketing team.

September 2011

Definitions

1.1

The following words and phrases used in these Terms shall have the following meanings, except where the context clearly requires otherwise:

1.1.1

"Affiliates" means our parent company, subsidiaries, group companies, affiliates, officers, directors, agents, and employees;

1.1.2

"Content" means any information and/or data in whatever format you provide to us via the Website;

1.1.3

"Indirect or Consequential Loss" means without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of use of money, loss of anticipated savings, loss of data, loss of goodwill, loss of reputation and wasted management or office time or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise;

1.1.4

"Personal Data" has the meaning given to it in the Data Protection Act 1998;

1.1.5

"Property Database" means our proprietary database containing property details and which can be accessed and searched via the Website;

1.1.6

"Research" means any research material produced by us and that is published on the Website;

1.1.7

"Website Content" means all content on the Website, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement and specifically including the Property Database and any Research;

1.1.8

"Web Scraping" means the practice of extracting information from websites through the use of software; and

1.1.9

"You/you" means the person, partnership and/or corporate entity accessing or using the Website and/or Services.

Changes to the Website and the Terms

2.1

We aim to update the Website regularly, and may change the Website at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website or Services, including the Content and the Website Content, may be out of date at any given time, and we are under no obligation to update such material.

2.2

We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

Accessing the Website and Services

3.1

While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.

3.2

Access to the Website and Services is permitted on a temporary basis, and we reserve the right to withdraw or amend access to the Website and/or Services without notice. We will not be liable if for any reason the Website or Services are unavailable at any time or for any period.

3.3

From time to time, we may restrict your access to parts of the Website or Services, or the entire Website.

3.4

You are responsible for ensuring that all persons who access the Website and/or Services through your internet connection are aware of these Terms, and that they comply with them.

Your Content and Conduct

4.1

Other than Personal Data, which is covered under the Privacy Policy, any Content you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2

You are prohibited from posting or transmitting to or from the Website any material:

4.2.1

that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

4.2.2

for which you have not obtained all necessary licences and/or approvals;

4.2.3

which would result in a breach of privacy, contract, duty of confidence or the Official Secrets Act 1989; or

4.2.4

which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights (including intellectual property rights) of any third party, in any country in the world;

4.2.5

where such action would constitute contempt of court; or

4.2.6

which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3

You must not:

4.3.1

attempt to gain unauthorised access to the Website and/or the Services, the server on which our Website is stored or any server, computer or database connected to our Website;

4.3.2

use robot, spider, scraper or other automated means to access the Website;

4.3.3

represent that you are associated with us, the Website or the Services; or

4.3.4

attack the Website via a denial-of-service attack or a distributed denial-of service attack;

4.3.5

use Website Scraping techniques to extract information from the Website;

4.3.6

upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

4.4

We may, but have no obligation to, remove Content or any part thereof that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any third-party's intellectual property rights or offends these Terms. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website and the Services will cease immediately.

4.5

We will not be responsible, or liable to any third party, for the content or accuracy of any Content.

Technical Conditions of Use and Support

You understand that the technical processing and transmission of the Website and/or Services, including your Content, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

Website Content

6.1

The Website Content is proprietary property belonging to us or our licensors, with all rights expressly reserved.

6.2

No Website Content may be modified, copied (including through the use of Website Scraping techniques), distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the our prior written permission, except that the foregoing does not apply to your own Content that you legally post on the Website. Provided that you are eligible for use of the Website, you are granted a limited license to access and use the Website and the Website Content and to download or print a copy of any portion of the Website Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

6.3

Except for your own Content (if any), you may not upload or republish Website Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Website Content is strictly prohibited. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Website or the Website Content other than as specifically authorised herein, without our prior written permission is strictly prohibited and will terminate the license granted herein. Such unauthorised use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.

6.4

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Linking to the Website

7.1

You may link to the home page of the Website, provided that you do so in a way that is compatible with these Terms and which is otherwise 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.

7.2

You must not without our permission establish a link to our Website from any website that is not owned by you.

7.3

The Website must not be framed on any other Website. You may not create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.

Links from the Website

8.1

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.

8.2

We have no control over the content of third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Intellectual Property Rights

9.1

We are the owner or the licensee of all intellectual property rights in and to the Website and in and to the Services, including the Website Content, and in the material published on the Website and provided through it.

9.2

You must not modify in any way the whole or any part of the Website or the materials on it.

9.3

The material published on the Website and Services and provided through them, including the Website Content, may not be downloaded or copied (including through the use of Website Scraping techniques), with the exception that we grant you a non-exclusive licence to use the information provided to you via the Services for your own general purposes. You may not use our Services or the material published on the Website for your own commercial purposes.

9.4

Our status (and that of any identified contributors) as the authors of material on the Website or Services, including the Website Content, or provided via them must always be acknowledged.

9.5

You agree not to distribute any part or parts of the Website, Services or any of the materials on them, including the Website Content, without our prior written permission.

9.6

We claim no intellectual property rights over the material you provide to the Service, including the Content. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.

9.7

We do not screen Content, but we do have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the Service.

9.8

You may not duplicate, copy, or reuse any portion of the Website without our express written permission.

9.9

f you wish to make any use of material on the Website or Services or provided through them other than that set out above, please address your request to our Digital Marketing team

10.

Disclaimer

10.1

All material, information, advice and commentary displayed on or provided through the Website and Services, including the Website Content, is provided entirely "as is" and are for information purposes only", without any guarantees, conditions or warranties as to its accuracy. It is not intended to be relied on by you, nor is it intended to amount to advice on which reliance should be placed.

10.2

We disclaim all liability and responsibility arising from any reliance placed on such material, information, advice and commentary by you or any other visitor to the Website or user of the Services, or by anyone who may be informed of any of their contents.

11.

Non Waiver

11.1

Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

11.2

These Terms and the documents referred to in them constitute the entire agreement between you and us and govern your use of the Website and Services, superseding any prior agreements between you and us relating to the Website and Services (including, but not limited to, any prior versions of such documents).

11.3

If we fail, at any time, to insist upon strict performance of any of your obligations under the Terms or any of, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

11.4

A waiver by us of any default shall not constitute a waiver of any subsequent default.

11.5

No waiver by us of any provision of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

12.

Confidential information

If, through your access to or use of the Website or the Services, you receive any confidential information belonging to us, you will keep such confidential information strictly confidential and will not disclose such confidential information to any third party without our explicit prior written consent.

13.

Information About you and your Visits to the Website

We process information about you in accordance with our Privacy Policy. By using the Website and/or Services, you consent to such processing and you warrant that all data provided by you is accurate.

14.

Our Liability

14.1

To the extent permitted by law, we and our parent company, subsidiaries, group companies, affiliates, officers, directors, agents, employees, shareholders or any of them hereby expressly exclude:

14.1.1

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

14.1.2

Any direct loss (except loss arising as a result of our negligence) and any punitive or Indirect or Consequential Loss or damage incurred by you or any other user of the Website and Services in connection with your use, inability to use, reliance on or results of the use of the Website (including the Website Content), Services, websites linked to the Website, and any materials posted to, broadcast on, or provided through the Website (including your Content), Services or websites linked to the Website; and

14.1.3

Any liability for loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website and use of the Services or your downloading of any Website Content or other material from the Website or any websites linked to the Website.

14.2

Our liability for death or personal injury arising from our negligence and for fraudulent misrepresentation (or any other liability which cannot be excluded or limited under applicable law) is not affected by the terms of this clause 14.

14.3

If your use of the Services on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

15.

Indemnity

You shall indemnify, defend and hold harmless us and our Affiliates (and the provisions of this clause shall be for the benefit of and enforceable by us and each of our Affiliates) against all liabilities, claim, demand, costs, expenses, damages and losses (including any direct, Indirect or Consequential Loss, and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us or made by a third party arising out of or in connection with your breach of these Terms, or your infringement of any law or the rights of any third party (including without limitation intellectual property rights).

16.

Third Parties

Except for Affiliates, a person who is not a party to these Terms may not enforce any of its provisions under the Contracts (Rights of Third Parties) Act 1999.

17.

Jurisdiction and Applicable Law

These Terms are governed by the laws of England and Wales and any disputes arising out of, under or in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.

18.

Your Comments, Concerns or Suggestions

Please send any comments, concerns or complaints you may have to our Digital Marketing team.

September 2011

Service Lines

Sectors

News

Case Studies

Viewpoint

Research

Terms and Conditions