BCIS HOUSE REBUILDING COSTS CALCULATOR

Terms and Conditions

These Special Terms, along with the RICS Websites Terms and Conditions of Use, http://www.rics.org/terms apply to your use of the ABI/BCIS House Rebuilding Cost Calculator and you should read these carefully ("the Terms and Conditions"). You are treated as accepting them by accessing or using the ABI/BCIS House Rebuilding Cost Calculator ("the Calculator").

Access to this ABI/BCIS House Rebuilding Cost Calculator is restricted to registered users ("the Users").

BCIS compiles, monitors, interprets and models Domestic Rebuild Cost Data and using the information, has created a House Rebuilding Cost Calculator ("the Calculator"). The Calculator can be accessed on the BCIS website. An equivalent version can be accessed on the ABI website. The Calculator is intended for general guidance only and is not a substitute for professional advice nor should it be used to set the sum insured on a buildings insurance policy.

1. Definitions

ABI means the Association of British Insurers.

BCIS means the Building Cost Information Service, a trading division of the Royal Institution of Chartered Surveyors (RICS).

Calculation means the rebuilding cost figure as calculated by the Calculator.

Service/Services mean any information and services provided by BCIS through or via the Site, namely the ABI/BCIS House Rebuilding Cost Calculator.

Site means the ABI/BCIS House Rebuilding Cost Calculator located at http://calculator.bcis.co.uk and http://abi.bcis.co.uk and such additional and replacement sites from time to time.

2. Registration and privacy of your data

2.1 All users are required to complete the registration process.

2.2 For registration and use of the Site your username will be the email address you supply. During registration you will create a confidential password to be used when using the Services. You must keep your password confidential at all times, and must not disclose it to anyone else or permit anyone else to use it. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.

2.3 In the event of any failure or error in the operation of a password you shall cease using the password and exit the Site immediately, and notify BCIS of such failure or error. BCIS reserves the right to change, or to require you to change, your password at any time in its sole discretion.

2.4 BCIS reserves the right to disable any password, whether chosen by you or allocated by us, at any time, if in our opinion, you have failed to comply with any of these terms.

2.5 RICS may monitor your use of the Site including any information you post so as to generally improve the Site and the Services 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 Site.

2.6 RICS stores and processes data strictly in accordance with the Data Protection Act 1998. Such processes and uses of personal information are set out in our Privacy Policy http://www.rics.org/privacy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

2.7 In the event that BCIS/RICS undergoes reorganisation or its business is sold to a third party, you agree that any personal information RICS holds about you may be transferred to that reorganised entity [or third party].

2.8 RICS will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities and may disclose any information as required by law and/or relating to any investigation of suspected unlawful activity, intellectual property right infringements or violation of network security.

3. What you are allowed to do

3.1 You may browse the Site using a compatible web browser and register once to use the Service free of charge for no more than FOUR (4) Calculations per User per year.

3.2 You may print a copy of the information posted on the Site provided it is for your own personal and non-commercial purposes, and otherwise in accordance with these terms and conditions.

3.3 You must only use the Site and anything available from the Site for lawful purposes, and you must comply with all applicable laws, statutes and regulations. Any breach or misuse will be reported to the relevant law enforcement authorities and your use of the Site will cease immediately.

4. What you are not allowed to do

4.1 You cannot, except to the extent expressly set out in these terms,

  1. register for the Service more than once or use the Service for more than FOUR (4) calculations per year in total (or such other limit as may be set by BCIS from time to time at its absolute discretion)
  2. copy the Calculation or make the Calculation available to any third party (other than as permitted by this agreement) without the express prior written consent of BCIS;
  3. create or allow to be created any alternative reinstatement assessment model using the results from the Service;
  4. make any copies of any part of the Site and/or make any copies or use any material from the Site for any commercial purpose without obtaining a licence to do so;
  5. interfere with, damage, disrupt anything on the Site or connected to it, include or create links to or from the Site, remove or change anything on the Site or connected to it;
  6. spider or otherwise access the Site by any automated means with a view to re-using any of the content for commercial purposes;
  7. Infringe, remove or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Site.

4.2 You must not use the Site or Service to:

  1. Send, post, upload or otherwise transmit information or pictures that are deceptive, misleading, harmful, obscene or pornographic, violent, threatening, menacing, racist, discriminatory, offensive, defamatory, contain viruses or are otherwise unlawful;
  2. send or upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;
  3. harass, stalk, threaten or otherwise violate the rights of others or harm or threaten to cause harm to minors;
  4. impersonate anyone else or otherwise misrepresent your identity or status;
  5. hack into the Site or any other related computer system, server or database;
  6. make excessive traffic demands, deliver viruses or forward chain letters, surveys, contests, pyramid schemes;
  7. engage in any behaviour that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of RICS or any third party.

5. Your obligations

5.1 In consideration of your use of the Service you agree to the following:

  1. You are responsible for making all necessary arrangements for you to have access to the Site;
  2. you are responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them;
  3. you will maintain all the registration data in order to keep it lawful, true, accurate, current and complete;
  4. all information posted is your responsibility and you agree and warrant to provide lawful, true, accurate, current and complete information about yourself as prompted by the registration process;
  5. you will act in good faith and in a business like and courteous way;
  6. you will allow BCIS to use the information you have provided for the purpose of operating the Service for you.
    1. 6. Intellectual property rights

      6.1 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 this Site are either owned by RICS or have been licensed to RICS by the rights owner(s). BCIS/RICS will not tolerate any misuse of its trademarks. You are only allowed to use this Site and the material contained in the Site as set out in these terms and conditions.

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

      7. Links

      7.1 BCIS, RICS or third parties may provide links to other sites or resources. These links are provided for information only and BCIS/RICS is not responsible for the availability of, or operation of, any such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials in relation to such other sites or resources or any loss or damage arising from their use. You should read the terms and conditions and privacy policy of such sites carefully before using them.

      8. Disclaimer and limitation of liability

      8.1 You agree that your use of the Service is on an "as is" and "as available" basis. Any information is placed on the Site without any guarantees, conditions or warranties as to its content or accuracy and use of the Site and Services is at your sole risk. However, BCIS/RICS does not, and nothing in these terms and conditions shall act to, exclude or limit BCIS/RICS liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. Your statutory rights as a consumer are not affected by any of these terms.

      8.2 Subject to clause 8.1, in no event shall BCIS/RICS be liable (whether for breach of contract, negligence or for any other reason) for any direct, indirect or consequential loss or damage, foreseeable or otherwise, that may arise as a result of, but not limited to the following:

      1. Use of the Site (including the transmission of any harmful material or viruses);
      2. the Site being unavailable at any time or for any period;
      3. the information posted on the Site or any use of it or reliance thereon.

      8.3 For the avoidance of doubt, any such loss or damage shall include but not be limited to loss of salary, loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.

      8.4 Subject to clauses 8.1 and without prejudice to the above, RICS' aggregate liability to you at any time whether in contract, tort or otherwise shall be limited to £500 (five hundred pounds).

      8.5 BCIS/RICS will not be liable to you for any breach of these terms and conditions which arises because of any circumstances which RICS cannot reasonably be expected to control to include the Site being unavailable for any period of time.

      8.6 You agree to fully and effectively indemnify BCIS/RICS for all claims which may be brought against RICS arising out of or in connection with your use of the Site, any breach of these terms or any infringement of any third party's intellectual property rights.

      9. Suspension, modification and termination of Service

      9.1 BCIS/RICS may change the format and content of the Site and/or the Services from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.

      9.2 BCIS/RICS reserves the right to amend or withdraw the service provided on the Site without notice and/or to restrict access to some parts of the Site or the entire Site to users.

      9.3 You acknowledge that there may be periods where access to or use of the Site or pages linked to it may be limited or impossible due to changes effected to the Site by way of ongoing development and improvement.

      9.4 BCIS/RICS may terminate the Service immediately in the event you breach any of these terms and conditions.

      10. Enquiries or complaints

      10.1 If you have any enquiries or complaints about the use of the Site please contact us at:

      BCIS
      Parliament Square
      London
      SW1P 3AD
      T: + 44 (0)20 7695 1500
      F: + 44 (0)20 7695 1501
      E: contactbcis@bcis.co.uk

      11. General and governing law

      11.1 BCIS/RICS may change these terms and conditions from time to time. By accessing the Site you are accepting that you are bound by the current terms and conditions. You should therefore check these each time you revisit the Site. Some of the provisions in these terms and conditions may also be superseded by provisions or notices published elsewhere on the Site.

      11.2 These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the Service. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision.

      11.3 BCIS/RICS may delay enforcing its rights under these terms and conditions without losing them.

      11.4 You agree that BCIS/RICS may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.

      11.5 These terms and conditions shall be governed and interpreted in accordance with English law and you consent to the exclusive jurisdiction of the English courts.

      © RICS