Terms and Conditions

GLOBAL CONSTRUCTION PERSPECTIVES

These Terms are a legal agreement between you (“you”) and Global Construction Perspectives Limited (“we” or “us” or “GCP”) to use the Documentation ordered by you. For the purposes of these Terms, you are the person or company who enters into the contract for the purchase of the Documentation.

We do not sell to non-business customers and by ordering any Documentation from us you confirm that you are purchasing the Documentation on behalf of your business and not as a consumer.

1. INTERPRETATION

1.1 The following words and expressions shall, unless the context otherwise requires, have the meanings set opposite them below:            

“Documentation”

means the Report or the Forecast or any combination of them ordered by you whether in digital or hardcopy format;

“Forecast”

means a database relating to the world or to a particular territory which we make available for purchase from time to time;

“Global Group Licence”

means a licence granted by us to allow you and your Group Companies to use the Documentation for your own internal business purposes only;

“Group Companies”

means a company, its subsidiaries, its holding company and their subsidiaries anywhere in the world;

“Licence”

means the licence granted to you under clause 3 of these Terms;

“Oxford Economics”

means Oxford Economics Limited a company incorporated and registered in England and Wales with company number 01557776 and whose registered address is Abbey House, 121 St Aldgates, Oxford OX1 1HB;

“Centre for Economics and Business Research Limited [Cebr]”

Means Centre for Economics and Business Economics Limited [Cebr] a company incorporated and registered in England and Wales with company number 02592404 and whose registered address is 18 Kent Terrace, Regents Park, London NW1 4RP.

“Price”

means the price to be paid for the particular Documentation ordered as quoted on the Website or otherwise at the time of your order;

“Report”

means the summary of the global Forecast which can be ordered separately from the Forecast or as a package together with the Forecast and/or in such other combination as we may determine from time-to-time;

“Single Company Licence”

means a licence granted by us to you to use the Documentation for your own internal business purposes only. For the avoidance of doubt, a Single Company Licence is granted only to the person or company who is party to the contract (as created pursuant to clause 4) and does not extend to use of the Documentation by any of its Group Companies;

“Terms”

means the terms and conditions set out in this document;

“Website”

means the website at gcp.global.

2. INFORMATION ABOUT US

2.1 www.gcp.global and www.globalconstruction2030.com are sites operated by us. We are registered in England and Wales under company number 06775238 and with our registered office at Loddon House, Brockham Grange, Sherfield-on-Loddon, Hampshire RG27 0FT, United Kingdom. Our VAT number is GB 946 1902 13.

3. LICENCE

3.1 In consideration of you paying us the agreed Price and you agreeing to abide by these Terms, we grant you a non-exclusive, non-transferable licence to download and use the Documentation ordered by you in accordance with these Terms and the restrictions contained in them.

3.2 We may make any or all of the Documentation available on a Single Company Licence and/or on a Global Group Licence and/or in printed form.

3.3 If you have ordered the Documentation on a Single Company Licence you may download and use the Documentation for your own use but you may not make available the Documentation to your Group Companies or anyone else.

3.4 If you have ordered the Documentation on a Global Group Licence you may download and use the Documentation for your own use and that of your Group Companies.

4. BASIS OF CONTRACT

4.1 These Terms apply to the contract between us to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

4.2 Your order for Documentation constitutes an offer by you to purchase the Documentation in accordance with these Terms. You are responsible for ensuring that the details provided in your order are complete and accurate.

4.3 Following receipt of your order, once we have received cleared payment of the Price from you, we will send you an email to the email address contained in your order, containing a link to the Documentation ordered, or in the case of printed Documentation we will send you an email or, where appropriate another form of written communication, confirming acceptance of your order (“Order Confirmation”). Your order shall be deemed to be accepted by us when we send you the Order Confirmation, at which point the contract between us shall come into existence.

4.4 The Documentation ordered will be delivered to you in accordance with clause 10.

4.5 If there is a problem with payment of the Price we will notify you by email or any other method decided by us.

4.6 You confirm that you act in a commercial capacity and that you have authority to bind any business on whose behalf you order any Documentation.

5. YOUR UNDERTAKINGS

5.1 Except as expressly set out in these Terms, you undertake:
5.1.1 not to copy all or any part of the Documentation except where such copying is incidental to normal use of the Documentation;
5.1.2 not to upload all or any part of the Documentation onto any website or network;
5.1.3 where you have downloaded the Documentation on a Single Company Licence or a Global Group Licence, not to print all or any substantial part of the Documentation; and
5.1.4 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify all or any part of the Documentation.

6. RESTRICTIONS

6.1 The Licence is expressly made subject to and limited by the following restrictions:
6.1.1 you shall not be entitled to grant sub-licences of your rights under these Terms or assign or otherwise sub-contract or delegate any rights or obligations under these Terms to any person or company; 
6.1.2 subject to clause 6.2, you may not extract and use, reproduce, publish or distribute any part of the Documentation or data contained within it, including by way of inclusion in any report, article, slideshow, presentation or broadcast;
6.1.3 you shall not use the Documentation in any way that would suggest or imply the support, association or approval of us, except with our prior written approval;
6.1.4 you shall not use the Documentation for any illegal, derogatory or otherwise offensive purpose or in any way that might bring our reputation into disrepute.

6.2 If you wish to extract, use or reproduce any part of the Documentation, you may make a request in writing stating the part of the Documentation you wish to use, the purposes for which you wish to use it and such other information as we may request. If we, at our discretion, consent to such use, we shall consent in writing and only on the following conditions:
6.2.1 that the part of the Documentation you extract, use and/or reproduce does not amount to a substantial part of the Documentation; and
6.2.2 that you shall expressly attribute ownership of the extract from or edited version of Documentation in the following way:
Global Construction 2030 Report and Forecast;
“Source: Global Construction 2030, Global Construction Perspectives and Oxford Economics, www.globalconstruction2030.com
World Economic League Table 2017 Report and Forecast;
“Source: World Economic League Table 2017, Centre for Economics and Business Research and Global Construction Perspectives, www.gcp.global
in such manner that a reader will be able clearly to see the attribution.

7. DATA PROTECTION

7.1 When dealing with your data we will comply with the terms of the Data Protection Act 1998.

7.2 By accepting these Terms, you accept that from time to time we will pass your data to third parties of our choice for processing in respect of the Licence unless you opt-out before purchasing the Documentation or otherwise notify us in writing.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 You acknowledge that all intellectual property rights in the Documentation anywhere in the world belong to GCP and/or Oxford Economics Limited and/or Centre for Economics and Business Research Limited, that those rights in the Documentation are licensed (not sold) to you, and that you have no rights in, or to the Documentation other than the right to use them in accordance with these Terms.

8.2 You acknowledge that we have made a substantial investment in obtaining, verifying and presenting the contents of the Documentation. The extraction and re-utilisation of even a small part of the data within the Documentation that enables conclusions to be drawn from that data (for example, but without limitation, reproducing two data points) amounts to substantial copying and will be an infringement of our intellectual property rights.

9. DURATION AND TERMINATION

9.1 The Licence shall continue for the duration of the applicable intellectual property right in respect of the Documentation unless terminated earlier for any reason by us.

9.2 We may immediately terminate the Licence if you commit any breach of these Terms.

9.3 Upon the termination of the Licence for whatever reason you shall immediately stop using the Documentation and destroy any copies of the Documentation in your possession.

10. DELIVERY

10.1 Where we make the Documentation available to download, delivery will be deemed to have occurred once we send you the link to download the Documentation.

10.2 Where the Documentation is to be delivered by post, delivery will be deemed to have occurred once the Documentation has been delivered to the address specified in your order.

10.3 Risk in the Documentation shall pass upon delivery as set out in this clause 10.

11. PRICE AND PAYMENT

11.1 The Price of the Documentation ordered will be as quoted on our Website or as otherwise notified by us to you from time to time, except in cases of obvious error.

11.2 If applicable, these prices are exclusive of VAT which will be added to the Prices after you have placed your order.

11.3 Payment for the Documentation shall be made at the time of order by credit or debit card, or such other method agreed by us prior to your order.

11.4 In the case of printed Documentation, the costs of delivery shall be in addition to the Price and shall be as shown on the Website or as otherwise notified by us to you at the time of your order.

11.5 Once the Price has been received in full by you, no refunds will be granted, although refunds may occasionally be offered at the discretion of management.

12. WARRANTIES AND LIABILITY

12.1 You warrant to us that:
12.1.1 you have the authority to enter into these Terms; and
12.1.2 you are buying the Documentation in the course of your business or for on or behalf of an academic institution and not for your own personal, non-commercial use.

12.2 Whilst creating the Documentation we have used reasonable care and skill expected in an industry of this type however, the Documentation is provided on an “as is” basis, without warranties of any kind, either express or implied including, without limitation, any warranties regarding the contents or accuracy of the Documentation and we do not give any warranty, representation or undertaking that the use of the Documentation will not infringe the rights of any other person.

12.3 We will not be liable for any inaccurate or incomplete information provided in the Documentation whether to you or to any third party to whom you pass on such Documentation.

12.4 Nothing in the Documentation provided shall be considered investment and/or financial advice by us to you.

12.5 Nothing in these Terms shall operate to exclude or limit either Party’s liability for death or personal injury caused by its negligence, fraud or any other liability which cannot be excluded or limited under applicable law.

12.6 We shall not be liable to you for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage, arising out of or in connection with your use of the Documentation.

12.7 Subject to clause 12.5, our aggregate liability arising out of or in connection with these Terms or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the price paid by you for the Documentation in respect of which the liability arises.

13. WRITTEN COMMUNICATIONS

13.1 You accept that written communication with us will be mainly electronic. We will contact you by e-mail using the email address specified in your order, or provide you with information by posting notices on the Website where appropriate. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14. NOTICES

14.1 All notices given by you to us must be addressed to Graham Robinson at info@gcp.global or Loddon House, Brockham Grange, Sherfield-on-Loddon, Hampshire RG27 0FT, United Kingdom. A notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

15. TRANSFER OF RIGHTS AND OBLIGATIONS

15.1 These Terms are binding on you and us and on our respective successors and assigns.

15.2 We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of our rights or obligations arising under them, at any time during the term of the Licence.

16. SEVERANCE

16.1 To the extent that any provision of these Terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of these Terms, it shall not affect the enforceability of the remainder of these Terms nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

17. ENTIRE AGREEMENT

17.1 These Terms contain the entire agreement between the parties with respect to their subject matter and may not be modified except by written agreement signed by the duly authorised representatives of the parties.

17.2 You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not set out in these Terms.

18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

18.1 We have the right to revise and amend these Terms from time to time and it is your responsibility to review the latest version of these Terms before placing any order with us.

19. LAW AND JURISDICTION

19.1 These Terms will be governed and construed in accordance with English law. Any dispute or claim arising out of or in connection with these Terms (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.