You
undertake to us that in consideration
of us making such information
available to you:
i. all Confidential Information
disclosed to you by or on behalf
of us or which may at any time
come into your knowledge, possession
or control, shall be kept secret
and confidential and shall not
be used for any purpose other
than that required or permitted
for the use of our Services,
and shall not be disclosed to
any third party except insofar
as this may be required for
the proper use of our Services
and then only under appropriate
confidentiality provisions approved
by us.
ii. you shall promptly notify
us if any Confidential Information
is required by law to be disclosed
by you or any other person receiving
it under or pursuant to these
Terms and shall co-operate with
us regarding the manner of such
disclosure (but without prejudice
to any obligation to comply
with any legal requirement).
Intellectual Property All design,
copyright, trade marks and all
other intellectual property
rights in or relating to the
website or information otherwise
distributed by us, shall remain
our property or, where applicable,
are reproduced with the permission
of the rights' owner, such as
content suppliers, Third Parties
and/or users. On the website
you may browse the contents,
use any facilities and download
a single copy of any material
to the extent that it is expressly
made available to you, but this
is solely for your own personal
use and you must not remove
any copyright or trade mark
notices. You may not modify,
reproduce, distribute, republish,
display, post, transmit or sell
any such material for any commercial
or business purpose, without
our prior permission or the
permission of the rights' owner.
Liability You agree and acknowledge
that to the extent permitted
by law, and in view of the numerous
sources from which we obtain
the Information, the impracticality
of verifying the sources.
We are not authorised by the
Financial Services Authority
to provide investment or financial
advice. By signing this document
you acknowledge that we have
not provided you with financial
advice.
We are providing Information
"as is", on an "with
all faults" basis and we
make no representations or warranties
of any kind with respect to:
The website and content contained
on the website; The truth, accuracy,
or completeness of any Information
distributed to you by us, by
any means; The condition, quality,
performance, accuracy, suitability,
fitness for purpose, completeness,
or freedom from viruses of the
website. We are not responsible
for your ability to use the
website or that it will be available
in its current or any other
format.
We have no control over the
Information that can be accessed
through, downloaded from or
uploaded to the website.
We are not responsible or liable
to you for any loss of content,
or material that you upload
or download or transmit through
the website. We will not be
responsible or liable to you
or any third party for any Information,
modification, suspension of
or discontinuance of our Services.
It is your decision, where applicable,
to use, post, submit, remove
or alter information and material
to us, or on, to or from the
website and we are not responsible
or liable for any loss or damage
incurred by you or any third
party as a result of your doing
or failing to do the same. We
exclude all liability of any
kind including invasion of privacy,
defamation, or negligence.
The following provisions set
out our entire financial liability
(including any liability for
the acts or omissions of its
employees, agents and subcontractors)
to you in respect of: any breach
of these Terms; or any representation,
statement or omission, including
negligence arising under or
in connection with these Terms;
or your access to, or use of,
or inability to use our Services
whether via the post, telephone,
the website or otherwise; or
any failure of performance,
error, omission, interruption,
defect, delay in operation or
transmission, computer virus
or line or system failure or
postal errors; or any action
or decision taken as a result
of using our Services.
All warranties, conditions and
other terms implied by statute
or common law (save for the
conditions implied by section
12 of the Sale of Goods Act
1979) are, to the fullest extent
permitted by law, excluded from
these Terms. Nothing in these
Terms excludes or limits our
liability for death or personal
injury caused by our negligence
or fraudulent misrepresentation.
Subject to the above two paragraphs:
our total liability in contract,
including negligence or breach
of statutory duty), misrepresentation,
restitution or otherwise, arising
in connection with the performance
or contemplated performance
of the Services shall be limited
to £20,000; and we shall
not be liable to you for any
indirect or consequential loss
or damage (whether for loss
of profit, loss of business,
depletion of goodwill or otherwise),
costs, expenses or other claims
for consequential compensation
whatsoever (howsoever caused)
which arise out of or in connection
with the provision of the Services.
Where you the Investor are a
consumer rather than a business
no provision of this Liability
clause or these Terms shall
affect your rights as a consumer.
Suspension or Cancellation of
Service We reserve the right
to cancel your access to our
Services any time. We may suspend,
restrict, reduce or cancel your
access immediately if you breach
or appear likely to breach any
of these terms.
You may cancel your registration
at any time by writing to us,
or emailing
us. Upon cancellation you will
become liable to pay any outstanding
fees,
monies or costs owed to us immediately.
Amendments to these Terms We
reserve the right to change
these Terms at any time. We
will give you 7 days notice
by posting notice on the website
and sending you either postal
notification or an email. If
you do not want to accept any
new terms you must inform us
immediately of your intention
by writing or emailing us, Otherwise
you will be deemed to have accepted
such new terms.
Invalidity If any provision
of these Terms is held by any
competent authority to be invalid
or unenforceable in whole or
in part, the validity of the
other provisions of these Terms
and the remainder of the provision
in question shall not be affected.
Waiver No waiver by us of any
breach of the Terms by you shall
be considered as a waiver of
any subsequent breach of the
same or any other provision.
Entire Agreement These Terms
constitute the entire agreement
between you and us, supersede
any previous agreement or understanding
and may not be varied except
in writing between us. All other
Terms and Conditions, expressed
or implied by statute or otherwise,
are excluded to the fullest
extent permitted by law.
Notices Any notice to be given
under these Terms by either
party to the other must be given
in writing, in English, and
shall be deemed to be served:
in the case of us communicating
with you, twelve hours after
we send an e-mail to the e-mail
address specified by you, during
registration or any changed
e-mail address subsequently
notified to us; or 48 hours
after posting correspondence
to the address specified by
you, during registration or
any changed address subsequently
notified to us; and in the case
of you communicating with us,
twelve hours after an email
is sent to info@coutescolbyco.co.uk
or 48 hours after a Recorded
Delivery Letter is sent to Park
House, 111 Uxbridge Road, Ealing,
London W5 5LB.
Third Party Rights A person
who is not a party to these
Terms has no right under the
Contracts (Rights of Third Parties)
Act 1999 to enforce any term
of these Terms, but this does
not affect any remedy or right
of any third party, which exists
or is available apart from that
Act.
Laws Applicable These Terms
shall be governed by and construed
in accordance with the laws
of England and Wales and all
disputes arising in connection
with them shall be submitted
to the exclusive jurisdiction
of the
English Courts. |