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Terms & Conditions for Kennedy Wilson site | Kennedy Wilson

Terms & Conditions

1. Who We are

These terms and conditions (“Terms”) govern your use of the kennedywilsonresidential.ie website (the “Site”) and any content made available on the Site. The Site is owned and operated by Kennedy Wilson Europe Limited, an Irish registered company with registered number 498779 and with its registered office at 1st Floor, 33 Sir John Rogerson's Quay, Dublin 2, Ireland (“KWE”, “we”, “us” or “our”). Further information about KWE is included under “The Property Owners” below. By using or browsing the Site on any computer or device, you agree to be bound by and abide by these Terms and by our Privacy and Cookie Policy as these are legally binding agreements between you and us.

2. Our Property Agents

The Site includes an Enquiries page and a Contact Us page. These facilities enable you to make direct contact with our nominated property agents (The Lansdowne Partnership and Savills) who we have appointed in connection with the properties featured on the Site. Any communications between you and the agents will be identifiable as such and will not be subject to these Terms.

3. The Property Owners

Vantage and Liffey Trust are owned by Kennedy Wilson Europe Real Estate Plc. Kennedy Wilson Europe Real Estate Plc is an LSE listed property company (LSE: KWE) that invests in real estate and real estate loans in Europe. Kennedy Wilson Europe Real Estate Plc is externally managed by Kennedy-Wilson Holdings, Inc., through a wholly-owned Jersey incorporated subsidiary, acting as investment manager. For further information on Kennedy Wilson Europe Real Estate Plc, please visit www.kennedywilson.eu.

Alto Vetro, Clancy Quay, Sandford Lodge and The Alliance are owned by Kennedy-Wilson Holdings, Inc. Kennedy Wilson Europe Limited (the owner of this Site) is an indirect wholly-owned subsidiary of Kennedy-Wilson Holdings, Inc.  Founded in 1977, Kennedy-Wilson Holdings, Inc. (NYSE: KW) is a global real estate investment company.  KW owns, operates, and invests in real estate both on its own and through its investment management platform.  KW focuses on multifamily and commercial properties located in the Western U.S., UK, Ireland, Spain, Italy and Japan. To complement KW's investment business, the company also provides real estate services primarily to financial services clients. For further information on Kennedy Wilson, please visit www.kennedywilson.com.

4. Property listings

The information contained in our listing descriptions is for information purposes only. Nothing on the Site is intended to constitute any contractual offer to sell or let any property. Any agreements for the purchase or letting of properties featured on the Site will be subject to the negotiation of separate contractual terms and the entering into of a final written agreement by both us (or agents appointed by us) and the relevant tenant/buyer on separate terms and conditions that require our specific prior approval. Any electronic communications between you and our agents which are made using the Site or which relate to properties featured on the Site are “subject to contract/contract denied”.

We make every effort to provide listing descriptions that are accurate, correct and objective and that the descriptions fairly and adequately depict the condition, image or availability of properties at the time. Whilst we try to ensure that all the prices on the Site are accurate, errors may occur. If we discover an error in the description of any property on the Site, we will correct it as soon as reasonably possible. However, we will not be bound by pricing or other errors on the Site.

5. Access to the Site

We will do our utmost to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will make best effort to limit the frequency and duration of any such suspension or restriction.

6. Unacceptable Use of the Site

You acknowledge and agree not to use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way; to send, use, reuse, disseminate or copy any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; to cause annoyance, inconvenience or needless anxiety. You understand and agree that you, and not us, are responsible for all electronic communications and content sent from your computer to us or our agents and you must use the Site for lawful purposes only. You acknowledge and agree not to use the Site for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.

7. Links to other Websites

The Site contains links to third-party websites that are maintained by other parties. These links are provided solely as a convenience to you and not as an endorsement by us of the contents of such third-party websites. You acknowledge and agree that that we are not under any circumstances responsible for the content or accuracy of materials on such third-party websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage, loss or injury caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You should carefully review their terms and conditions and privacy statements and other conditions of use. If you decide to access linked third-party websites you do so at your own risk.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

8. Limitation of Liability

Nothing in these terms excludes or limits our liability or your liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Irish law. However, to the extent permitted by law, we do exclude all other conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

9. Intellectual Property Rights

You acknowledge and agree that the Site and its content is owned and operated by Kennedy Wilson Europe Limited and/or is licensed to us by third parties. The Site and its content are protected by a range of intellectual property and other laws and international treaties including laws which protect our trade mark rights, copyrights, database rights, design rights and rights to domain names (“our IPRs”). You are permitted to view our IPRs under licence from us in the ordinary course of viewing the content on the Site and only for your own personal purposes.

You are not entitled to extract and/or re-utilise, reproduce, duplicate, redistribute, republish, copy, sell, resell, transmit, display, download, alter, adapt, broadcast or transmit any text, images, graphics, logos, images, audio clips, digital downloads, data compilations or other content from the Site for any commercial purpose. You agree not to utilise any data mining or similar data gathering or extraction tools to extract or display (whether once or many times) for re-utilisation of any parts of the Site without our prior express written consent.

If you believe that any content on the Site is materially inaccurate or infringes the rights of a third party or contains a defamatory statement, please notify us immediately at kwewebadmin@kennedywilson.eu. If we believe that there are valid grounds for removing the content we will take reasonable measures to remove the content complained of within a reasonable time.

10. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

11. Jurisdiction

These Terms and any disputes, claims or proceedings arising out of or in any way relating to these Terms shall be governed by the laws of Ireland (excluding Northern Ireland). The Irish courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to these Terms.

 

Last updated: 1 June 2016

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