Terms of Use

Website Access and Usage Terms and Conditions

YOUR USE OF THIS WEBSITE (the “Site”) CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS PROVIDED BELOW (the “Terms”).  Swire Properties Inc and its affiliates (collectively, “Swire,” “we” or “us”) may modify the Terms as well as discontinue, withdraw, replace or change any content or services offered via the Site and may modify these Terms at any time, and your continued access and use of the Site thereafter constitutes your acceptance of such changes.  You may view the most up-to-date version of the Terms at any time at http://www.swireprops.com.

I.            USE OF SITE

Information obtained via the Site is for your personal use only and may not be further reproduced, published, transmitted or disseminated without Swire’s prior written consent.  As a condition of your use of the Site, you represent, warrant and covenant to Swire that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

By way of example, and not as a limitation, you agree that when using the Site and when submitting information via the Site, you will not:

  • Defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Send viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Send false or misleading information.

Swire shall have no obligation to monitor the usage of the Site. However, Swire reserves the right to review any communications or submissions directed to the Site and to remove any of same in its sole discretion.  Swire reserves the right to terminate your access to the Site at any time without notice for any reason whatsoever.  Swire further reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.

Materials presented on the Site are subject to limitations on usage, reproduction and/or dissemination.  You are responsible for adhering to such limitations.

You may not use the Site or its content to send unsolicited e-mail to any recipient that has not specifically made its e-mail available for such purposes.  The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited.  “Mailbombing” (i.e., flooding the site with large or numerous e-mail messages) is prohibited.

II.            LINKS TO THIRD PARTY SITES; FRAMING OF THIRD PARTY SITES

The Site may contain links to other third party websites (“Linked Sites”) or frames of other third party website screens (“Framed Sites”).  The Linked Sites and Framed Sites are not under Swire’s control and Swire is not responsible for their contents, including without limitation, any link contained in a Linked Site or Framed Site, or any changes or updates to a Linked Site or Framed Site.  Swire is not responsible for webcasting or any other form of transmission received from any Linked Site or Framed Site.  Any such links or frames are provided only as a convenience, and the inclusion of any link does not imply endorsement by Swire of the Linked Site or Framed Site or any association with or its operators.

III.            INFORMATION PROVIDED TO THE SITE

By registering, posting, uploading, inputting or otherwise submitting your contact information or other information to the Site, you grant to Swire and its contractors and their respective affiliated companies permission to use such information in connection with the operation of the Site and marketing of properties depicted on the Site to you, including contacting you and sending you emails and other communications, including, without limitation, the rights to: copy, distribute, transmit, reproduce, edit, translate and reformat such information as part of marketing properties to you based on your expression of interest and request to be contacted.  No compensation will be paid with respect to the use of such information.  Swire is under no obligation to post or use any information you may provide and may remove any such information at any time in its sole discretion.  By posting, uploading, inputting, providing or submitting such information, you represent and warrant that you are of legal contracting age, that you own or otherwise control all of the rights to such information as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such information and that such information does not infringe or otherwise violate any third party intellectual property or other right.  Always use caution when giving out any personally identifying information about yourself or your children via any website.  Swire does not control or endorse the content, messages or information found in any communication sent by you to the site or to you from any third party and, therefore, Swire specifically disclaims any liability with regard to such communications and any actions resulting from your participation in any such communication. Managers and hosts are not authorized Swire spokespersons, and their views do not necessarily reflect those of Swire.  When you visit this Site or send e-mails to Swire, you are communicating with Swire electronically, and by doing so, you consent to receive communications from Swire electronically. Swire may communicate with you by email or by other means.  You agree that all agreements, notices, disclosures and other communications that Swire provides to you electronically satisfy any legal requirement that such communications be in writing.

IV.            SITE SECURITY

You may not tamper with the Site, commit unauthorized intrusion into any part of Site or use the Site to intrude into any other site.  Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited.

V.            DISCLAIMERS

Swire does not warrant the accuracy or completeness of the information, graphics, text, links, or other material contained on this Site and is not responsible for any errors or omissions in the content of this Site.  Swire shall have no liability for damages of any kind arising out of information on this Site.  Swire does not ensure that this Site is free of viruses or other harmful components.

THIS SITE USES COOKIES AND MAY ALSO USE THE SERVICES OF THIRD PARTY PROVIDERS THAT DEPLOY COOKIES IN CONNECTION WITH THEIR SERVICES.  BY USING THE SITE, YOU CONSENT TO THE PLACEMENT OF COOKIES ON ANY DEVICE USED TO ACCESS OUR SITE.  USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  SWIRE MAY MAKE CHANGES IN THE SITE AT ANY TIME.  INFORMATION RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, FINANCIAL OR OTHER DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE.

SWIRE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE.  THE SITE AND ALL SUCH CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  SWIRE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND SUCH CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL SWIRE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR ITS CONTENT, OR WITH RESPECT TO THE UNAVAILABILITY OF OR ANY DELAY OR INABILITY TO USE THE SITE OR ANY SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SWIRE OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

SWIRE RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR USE OF THE SITE AT ANY TIME, FOR ANY REASON, AND IN ANY MANNER, WITHOUT PRIOR NOTIFICATION, AND SWIRE WILL NOT BE LIABLE IN ANY WAY FOR ANY CONSEQUENCES OF SUCH ACTION.

Project Information

All project features, dimensions, renderings, price information, specifications, current project status, estimated completion dates and other information regarding Swire projects are subject to change without notice. All project renderings and drawings are conceptual renderings and Swire expressly reserves the right to make modifications. All maps are not to scale and are for relative location purposes only.  Actual dimensions and distances may vary. All references to amenities may be subject to fees and other terms as well as availability.

Each project has its own features, dimensions, specifications, prices and other terms which differ from those for other projects. Project and project unit square footage totals indicated above are approximate, may vary due to construction and are based on perimeter measurements. Individual room dimensions indicated above are approximate, may vary due to construction, and may vary from the unit’s square footage totals. Swire cannot and does not control future development surrounding its communities or the continuing existence of other amenities or of the current views from any of its projects and you acknowledge and agree that Swire makes no representations or warranties regarding same.

Projects described in this Site are being developed by affiliates of Swire (in each case the “Developer”).  Any and all statements, disclosures and/or representations pertaining to a project are made by the applicable Developer and not by other Swire entities, and you agree to look solely to the applicable Developer and not to other Swire entities with respect to any and all matters relating to the marketing, development and/or sale of any project.

No real estate broker or agent is authorized to make any representations or other statements regarding any Swire projects, and no agreements with, deposits paid to, or other arrangements made with any real estate broker or agent are or shall be binding on Swire or any Developer. Please refer to the Developer’s official project brochures and materials and the documents furnished by the Developer for information regarding any project.

No Recommendation, Solicitation or Offer; Forward-Looking Statements

None of the information contained on this Site constitutes a recommendation, solicitation or offer by Swire or any of its affiliates to buy or sell any securities of Swire or any of its affiliates or to participate in any project of Swire or any of its affiliates. Our parent company Swire Pacific Limited is listed on the Hong Kong Stock Exchange.

The Site may contain “forward-looking statements” that involve risks and uncertainties. Words such as “may,” “will,” “to,” “plan,” “expect,” “believe,” “anticipate,” “intend,” “could,” “would,” “estimate,” “approximate,” “target” and similar expressions or phrases identify forward-looking statements. Actual future performance, outcomes and results may differ materially from those expressed in forward-looking statements as a result of a number of risks, uncertainties and assumptions. Representative examples of these factors include (without limitation) general economic conditions, the real estate market, the lending market and interest rate trends, costs of capital and availability of capital, availability and costs of real property for development, competition, changes in operating expenses, including material prices, labor costs and property expenses, government regulation and public policy. You are cautioned not to place undue reliance on these forward-looking statements, which are based on our current view of future events.  We expressly disclaim any obligation to issue any updates or revisions to our forward-looking statements, even if subsequent events cause our expectations to change regarding the matters discussed in those statements. Our past performance is not indicative of our future performance.

VI.            GENERAL

You agree to defend, hold harmless, release and indemnify Swire from any and all liability, claim, loss, damage or expense arising out of your breach or violation of any representation, warranty or obligation contained in these Terms, or otherwise in any way resulting from your use of the Site, the availability or unavailability of this Site or any content provided on this Site. You agree to release and hold Swire harmless from any claims relating to any action taken by Swire as part of an investigation into a suspected violation of these Terms or as a result of its conclusion that a violation of these Terms has occurred.

These Terms are governed by the laws of the State of Florida, U.S.A.  You hereby consent to personal jurisdiction and venue in the state and federal courts located in Miami, Florida, U.S.A. in all disputes arising out of or relating to the use of the Site and agree that any dispute or claim raised or made by you against Swire relating to the Site shall be subject to arbitration before a single arbitrator in said venue in accordance with the Commercial Arbitration Rules of the American Arbitration Association.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Swire as a result of your agreement with these Terms or use of the Site. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the Terms as revised shall continue in effect.  Unless otherwise specified herein, these Terms constitute the entire agreement between you and Swire with respect to the Site and the information provided via the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Swire with respect to the Site.  A printed version of these Terms and of any notice given in electronic form shall be admissible in any legal proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

VII.            REPORTING VIOLATIONS; ENFORCEMENT

Any party seeking to report any violations of these Terms may contact Swire via e-mail: cmyburgh@myprivacy.ca.

When Swire becomes aware of an alleged violation of these Terms, Swire will initiate an investigation.  Depending on the severity of the violation, Swire may, at its sole discretion, immediately restrict, suspend, or terminate your access to the Site and/or pursue other civil remedies. If such violation is a criminal offense, Swire will notify the appropriate law enforcement agency of such violation.

VIII.            COPYRIGHT AND TRADEMARK NOTICES

All contents of the Site are:  Copyright © 2012 Swire Properties, Inc. and/or its affiliates or licensors.  All rights reserved. None of the content of the Site may be copied, downloaded, transmitted or otherwise be reproduced, disseminated or exploited in any form or manner without the express prior written permission of Swire.

SWIRE, SWIRE PROPERTIES, the SWIRE logo, ASIA, BRICKELL CITY CENTRE, BRICKELL KEY, CARBONELL, CLIMATE RIBBON, COURTS BRICKELL KEY, COURVOISIER COURTS, COURVOISIER CENTRE, MANDARIN ORIENTAL, MANDARIN RESIDENCES, TEQUESTA POINT and other Swire project names (collectively, “Trademarks”) are service marks and trademarks of Swire and/or its third party licensors, business partners or other third parties.  Nothing contained on this Site or in these Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the prior written permission of Swire or its third party licensors, or such other third parties that may own the displayed Trademarks.  All rights not expressly granted herein are reserved.  No interest or right to use any project name or Trademarks is acquired by purchasing any interest in any Swire project.

IX.            PRIVACY POLICY

Online privacy focuses on the protection of “user identifiable information” from unauthorized use. As the term suggests, “user identifiable information” is information which can be associated with a specific individual or entity, including, for example, a user’s name, address, or telephone number, e-mail address, and information about online activities that are directly linked to them.

It is common practice and often a necessity for companies or other organizations to collect user identifiable information in order to conduct business and offer services.

Swire Properties Inc and/or one or more of its affiliated entities (“Swire”), which operates this website (the “Site”), maintains this information privacy policy explaining how “user identifiable information” provided via use of the Site is used and disclosed.

General

Except as described below, Swire will not sell, trade, or disclose to third parties any user identifiable information derived from registration on, or use of, the Site without the consent of the user (except as required by subpoena, search warrant, or other legal process or in the event that such user is engaging in unlawful use of the Site or other unlawful activity or activity that violates the terms of use of the Site). Swire may, however, use and disclose to third parties user identifiable information and/or other information about you obtained from other sources.

Collection and Use: Swire may collect and use your user identifiable information for various purposes, including, but not limited to, anticipating and resolving problems with your use of the Site, or to inform you of upcoming events, properties and other product or service offerings that may be of interest to you. This means that Swire may use your user identifiable information, whether in conjunction with information available from other sources or otherwise, to market to you, and otherwise communicate with you about, properties and other products or services that may be of interest to you. Swire may also share user identifiable information about you with, and disclose same to other contractors that are involved in the development, marketing, sale and/or operation of such properties, products or services.  We may provide user identifiable information about you to third party service providers that are not affiliated with us and who perform services for us or on our behalf relating to our projects, in order for them to provide their services or in some cases to jointly market services to you.  By providing user identifiable information via the Site, you agree to this use and disclosure of such information.

User Opt-Out: You may choose not to receive direct marketing communications from Swire in connection with the Site by providing notification to Swire making such request. If Swire receives such a request from you, Swire thereafter (a) will not contact you directly with marketing messages about Swire’s properties, products or services, and (b) will not use user identifiable information obtained from your use of the Site to contact you with marketing messages about any Swire events, products or services. You may choose not to receive such messages by notifying Swire via e-mail or regular U.S. mail.  Please note, however, that any such opt out only applies to Swire and will not apply to any other third parties to which Swire has supplied your user identifiable information. Additionally, you acknowledge and agree that such opt-out notification processing may not be immediate, and you agree that should you receive additional communications your rights and remedies are limited to contacting us to reiterate your request to opt-out.

Security: Swire has implemented technology and security features in an effort to safeguard the privacy of your user identifiable information from unauthorized access or improper use, and Swire will seek to continue to enhance its security procedures as new technology becomes available. However, you acknowledge and agree that perfect security is not possible and your user identifiable information could still be accessed and used by others without authorization. Your access and use of the Site constitutes your agreement that Swire is not and shall not be responsible for any such unauthorized access and use of your user identifiable information.

Improper Conduct: Swire may also use user identifiable information to investigate and help prevent potentially unlawful activity or activity that threatens the network or otherwise violates the Site’s terms and conditions for usage.

User Requests and Corrections of User Information: Swire honors requests from users for their own information and will correct any such information which may be inaccurate. Users may verify that appropriate corrections have been made.

Cookies

The Site may use “cookies” for the purpose of facilitating the gathering of non-specific user information. A cookie is a very small text file stored on a web site user’s hard disk that allows a web server to recall certain information that the user has already entered previously.  If you wish not to utilize cookie technology, this feature may be disabled within your web browser.

Other Web Sites

Swire’s privacy policy only applies to the Site. The Site may link from several points throughout the Site to third party websites and information or service providers that may collect personal information from you in order to provide you with information or services. Advertisements that may appear on pages on the Site may also request user identifiable information or provide you with access to other sites that request user identifiable information.  Swire has no control over the privacy policy of any third party or other website.  Their privacy policies may differ or they may have no privacy policies. Please examine the privacy policies of such third parties prior to submitting any personal information, as they may differ from ours.

Surveys

Swire may from time to time conduct surveys on the Site. Surveys are conducted at random and are completely voluntary to users of the Site. The survey may require a user to provide user identifiable information. Swire may use this information and share it with its contractors as described above to better tailor its products, services and marketing efforts, including advertising or other content provided on the Site and/or to you in particular.

Additional Privacy Protections for Children Using the Internet

Swire does not solicit or target persons younger than legal age for collection of information online. Swire encourages minors to seek the consent of their parents before providing any information about themselves or their households to anyone on the Internet.  Swire encourages parents to take an active role to protect the privacy and security of their children and to prevent the inappropriate use of information about their children. Swire supports the development of technologies that help parents to control the collection and use of personal information from children who use online services in their households.

Business Transfers

In the event that Swire or any of its affiliates is acquired (whether by sale of assets or ownership interests) by or merger with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our website visitors as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your user identifiable information is treated, transferred, or used.

Policy Changes

Swire reserves the right to change its privacy policy by publishing new terms on the Site and your access and use the Site thereafter constitutes your acknowledgment and acceptance of same.  This privacy policy does not create any legal right for you or any third parties.

Questions?

Please direct any questions or comments regarding our privacy policy to Charl Myburgh at cmyburgh@myprivacy.ca.

X. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Swire’s Designated Agent specified in the Notice and Procedure for Making Claims of Copyright Infringement [link].  ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.  See Notice and Procedure for Making Claims of Copyright Infringement [Link].

XI. EQUAL HOUSING OPPORTUNITY

Swire is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation, and encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.