By agreeing to the inclusion of your property listings in the Business Wales Property Database, you confirm your acceptance of the terms and conditions set out below.
1. Use of Property Listings
1.1 Commercial property agents (“Agents”) may submit property listings, including property images and descriptions (collectively the “content”), to be featured on the Business Wales website (“our site”), or opt into having their content included on our site.
1.2 By submitting content or opting into the aggregation service which allows us to automatically include your properties by aggregating content directly from your website for inclusion on our site (the “aggregation service”), Agents confirm that they grant permission for their content to be displayed on Business Wales Property Database.
1.3 Agents retain full copyright and ownership of all content submitted by them. Display of such content on our site does not transfer ownership of copyright or other intellectual property rights to Business Wales Property Database.
1.4 Agents are required to grant the Welsh Government (“we/ us”) a limited licence to use, store and copy the content and to distribute it and make it available to others for the purposes of showcasing their properties in connection with the property database provided on our site. The rights that Agents license to us are described in further detail in Condition 3 below.
1.5 By submitting content or opting into the aggregation service, Agents also agree that we have the right to disclose the Agent’s identity to anyone who is claiming that any content submitted by the Agent to our site or collected as part of the aggregation service violates their intellectual property rights or their right to privacy.
1.6 We may remove an Agent’s property listings or any other content provided by an Agent from our site and/or remove any link to the aggregation service if we reasonably believe that an Agent is in breach of any of these terms and conditions.
2. Responsibility for Listing Content
2.1 Business Wales Property Database acts as a platform to showcase property listings submitted by Agents. We do not create, edit, or verify the accuracy of the content provided.
2.2 Agents agree that we are not responsible or liable for any errors, omissions, misrepresentations, or claims related to content provided by Agents, including descriptions, images, pricing, or availability.
3. Intellectual Property
3.1 All content provided by Agents shall remain the intellectual property of the respective Agents.
3.2 Business Wales Property Database may use, display, and share content provided by Agents for the purpose of showcasing properties, promoting our site, and facilitating enquiries.
3.3 By submitting content to our site or opting into the aggregation service, Agents grant us the following rights to use the content:
(a) a worldwide, non-exclusive, royalty-free, transferable licence to use, store, reproduce, distribute, prepare derivative works of and display the content for the purposes of showcasing properties and facilitating enquires in connection with the property database provided by our site; including to promote our site or the services provided on our site, such licence to expire when the content is deleted or removed from our site; and
(b) a worldwide, non-exclusive licence for other users to use the content in accordance with the functionality of our site, such licence to expire [when the content is removed from our site].
3.4 By submitting content to our site or opting into the aggregation service, Agents warrant and confirm to us that:
(a) they have all necessary rights, powers and permissions to grant the licences as set out in Condition 3.3 above; and
(b) they own or are authorised to supply the content that they submit and that this content does not infringe and will not breach any existing copyright or other intellectual property right; and
(c) the content provided by them is true and accurate and if published will not constitute an offence under any statutory provision or breach any codes of practice relating to advertising or sales promotion.
3.5 Agents agree to be responsible for any loss or damage suffered by us or anyone else as a result of any breach by them of the warranties set out above.
3.6 Except as set out above, the intellectual property rights in our site and any content accessible from our site are owned by us or our licensors.
4. Limitation of Liability
4.1 We do not exclude or limit in any way our liability to Agents or users of our site where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors for fraud or fraudulent misrepresentation.
4.2 Subject to Condition 4.1 above, we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
4.3 We will not be liable to Agents or users of our site 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: (i) use of, or inability to use, our site; or (ii) use of, or reliance on, any content displayed on our site. In particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings, loss of business opportunity, goodwill or reputation; or any indirect, incidental, or consequential damages arising from the use of property listings on the website.
4.4 Users of our site are asked to acknowledge that property listings are provided “as is,” and any reliance on such information is at the user’s own risk.
5. Governing Law
5.1 These terms and conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of England and Wales.
5.2 Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
