2. Use of the Website includes, but is not limited to, accessing or browsing the Website, submitting enquiries to the Website and/or subscribing to receive newsletters from the Website.
Provision of information via the Website
5. We provide, through the Website, a shop window for you to access information (“Relevant Information”) about companies which are seeking a corporate sale, purchase or investment.
6. We are not authorised by the Financial Conduct Authority. The provision of any Relevant Information should not be construed as, and is not intended to constitute, any advice (professional or otherwise), and should not be relied upon or treated as a substitute for independent specific advice relevant to your particular circumstances.
7. We obtain the Relevant Information from third parties. The Relevant Information is not independently verified by us, and is made available to you for general information purposes only. The Relevant Information does not purport to contain all the information that an interested party may require in relation to any proposed transaction, and you should conduct your own due diligence investigations and obtain independent professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Website.
8. Subject to paragraph 30 below, in no circumstances will we or any of our directors, officers, partners, employees, representatives, advisers or agents be responsible for any information relating to any of the companies or opportunities featured on the Website. The material contained on the Website shall not give rise to any other kind of commitment or obligation by us. In particular, we are not responsible for the quality or viability of any business featured on the Website.
9. You acknowledge that, if you ask to be put in touch with a particular company featured on the Website and subsequently you are involved with a transaction with that company, we may be due a payment by that company for listing their details on the Website, thereby giving you the information required to commence an investment process.
Your use of the Website
10. You shall not use the Website for, or send to the Website, anything which, in any way:
10.1. may be contrary to our interests;
10.2. involves your use, delivery or transmission of any viruses, unsolicited communications, Trojan horses, trap doors, cancelbots, back doors, worms, easter eggs, time bombs or computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any data, personal information or system;
10.3. infringes or breaches, or may infringe or breach, the intellectual property rights or privacy or other rights of us or any third party;
10.4. is fraudulent, criminal or not lawful, or which breaches any law, statute, regulation or byelaw of any applicable jurisdiction;
10.5. is contrary to any rule or requirement that we stipulate;
10.6. is misrepresentative or impersonates another person or organisation;
10.7. is obscene, indecent, pornographic, profane, racist, vulgar, sexist, discriminatory, offensive, harmful, threatening, abusive, malicious, hateful, defamatory or derogatory;
10.8. is inaccurate, misleading or out-of-date; and/or
11. If you submit or send to the Website any information or material, that information or material shall be considered non-confidential and non-proprietary. You hereby grant to us a worldwide, royalty-free, irrevocable, assignable, sub-licensable licence to use that information or material for the purposes of the Website or our general business purposes. You hereby waive your moral rights in respect of such information or material, such that we do not need to identify you as the author of that information or material and we may amend or modify it as we consider, at our absolute discretion, to be appropriate.
12. We have the right to disclose your identity to any third party that claims that any content posted or submitted by you in relation to the Website infringes their intellectual property rights or their right to privacy or confidentiality.
13. You shall comply at all times with our instructions for use of the Website.
15. You shall not use any automated means (such as scripts) to access the Website, or collect any information from the Website, unless we explicitly agree in writing to allow you to do so.
Availability, accuracy and security of the Website
16. The Website is made available free of charge.
17. We use our reasonable endeavours to make sure that information and material on the Website is correct and up-to-date. However, we give no warranty, whether express or implied, that the Website is complete, accurate, up-to-date or fit for any particular purpose, and, subject to paragraph 30 below, we shall not have any liability for any errors on, or omissions from, the Website. This does not exempt us from any obligation that we may have to you to provide you with any particular services under separate terms and conditions.
18. We shall not have any liability (subject to paragraph 30 below) for any loss which may arise from reliance on materials contained on the Website.
19. Certain parts of the Website may link to external Internet sites, and other external Internet sites may link to the Website. We are not responsible for the content of any external Internet sites.
20. From time to time, we may carry out maintenance or repairs to the Website, or update the Website with new functionality.
21. We will use our reasonable endeavours to make the Website available 24 hours a day. Subject to paragraph 30 below, we shall not have any liability if the Website is unavailable for any period or at any time.
22. Due to the nature of the Internet, we cannot guarantee that the Website will always be available or that your access to the Website will be uninterrupted, timely or error-free. We do not guarantee that the Website will be secure or free from bugs or viruses.
23. We may, at our absolute discretion, from time to time either host the Website on our own servers or use third party suppliers to do so in whole or in part. You acknowledge that we may from time to time without prior notice and without the need for prior agreement provide reasonable additional obligations or requirements on users or reasonably restrict users’ rights due to the requirements of the third party suppliers.
24. We may suspend or withdraw from any user access to the Website for any reason, temporarily or permanently, at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.
25. We may impose restrictions for any reason on access to the Website at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.
26. It is your responsibility to ensure that any connections, hardware, software or any equipment that you use are compatible with the Website, and, subject to paragraph 30 below, we shall not have any liability for any damage caused to, or viruses or other information which may effect, any such connections, hardware, software or equipment due to your access to the Website. You should use your own virus protection software.
27. Subject to paragraph 30 below, we shall not have any liability for the actions of third parties.
28. By following the relevant instructions on the Website, you may subscribe through the Website to receive such newsletters as we make available for subscription through the Website from time to time. Our use of your personal data when you subscribe for such a newsletter shall be in compliance with our Privacy and Cookies Policy.
29. Any information or newsletters that we send to you will contain information for you to unsubscribe to our mailing list to receive such newsletters. Alternatively, to unsubscribe please contact us on email@example.com.
30. We do not exclude or limit our liability for:
30.1. death or personal injury caused by our negligence;
30.2. our fraudulent misrepresentation; and
30.3. any other liability that we cannot exclude or limit at law.
31. Subject to paragraph 8 and paragraph 30 above, and to the extent permitted by law, in all cases other than in respect of services we provide to a specific client (which shall be governed by separate contractual terms of engagement):
31.1. our maximum liability (whether in tort, contract, misrepresentation, negligence, restitution or under any other legal head of liability):
31.1.1. in relation to your use or inability to use, or delay in use of, or reliance on any content displayed on, the Website or any material in it or accessible from it; or
31.1.2. arising from any action or decision taken as a result of using the Website or any such material;
shall be £100; and
31.2. we shall not have any liability (whether in tort, contract, misrepresentation, negligence, restitution or under any other legal head of liability):
31.2.1. in relation to your use or inability to use, or delay in use of, or reliance on any content displayed on, the Website or any material in it or accessible from it; or
31.2.2. arising from any action or decision taken as a result of using the Website or any such material;
for any: (i) indirect or consequential losses, damages, costs or expenses; (ii) loss of actual or anticipated profits; (iii) loss of contracts; (iv) loss of use of money; (v) loss of anticipated savings; (vi) loss of revenue; (vii) loss of goodwill; (viii) loss of reputation; (ix) loss of business; (x) ex gratia payments; (xi) loss of operation time; (xii) loss of opportunity; (xiii) loss caused by the diminution in value of any asset; or (xiv) loss of, damage to, or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of such losses being incurred. For the avoidance of doubt, (ii) to (xiv) (inclusive) of this paragraph 31.2 apply whether such losses are direct, indirect, consequential or otherwise.
32. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
33. We are the owner or licensee of all intellectual property rights in the Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
34. All names, logos and related names, design marks and slogans used by us are trade marks or service marks of us or our licensees.
35. Unless otherwise stated, the copyright, database rights and any other rights (including, but not limited to, intellectual property rights) in all information, data, text, photographs, images, graphics and materials (together “Materials“) on the Website, and the design, layout, “look and feel” and appearance of the Website, is owned by us or licensed to us by third parties. You are permitted to use and download Materials or extracts from the Website to a local hard disk and print copies, subject to all of the following:
35.1. your use of the Website and any Materials is for your internal, personal, private use only;
35.2. except to the extent provided by law, you must not use, copy, reproduce, republish, post, broadcast or transmit any part of the Website or any Materials for any other purpose without our express prior written consent. This includes (but is not limited to) not reproducing or storing any part of the Website or any Materials in any other website or in any public or private electronic retrieval system or service;
35.3. you must not modify the paper or digital copies of any materials you have printed off or downloaded from the Website in any way, and you must not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text;
35.4. except as we expressly permit, you must not in any way modify any Materials on the Website;
35.5. our copyright notice or, where indicated, the notice of our licensors, must appear in all electronic or hard copies of any Materials or extracts from the Website;
35.6. when you lawfully or with our consent copy, reproduce, republish, post, broadcast, transmit, print or quote from any of the Website or any Materials, you must do so fairly and give due accreditation to us and the Website. You shall also do so in accordance with any restrictions which we stipulate on the Website;
Third party websites
36. We have no control over the content of any website to which a link from the Website exists (unless we are the provider or operator of those linked websites). Subject to paragraph 30 above, we shall have no liability for the content of those linked websites. Those websites are provided “as is” with no express or implied warranty for their content. By providing a link to those websites, we do not provide any endorsement or recommendation of those websites, their content or their operators or owners.
37. Unless we provide our written consent for you to do so, you shall not frame the Website onto your own or another person’s website.
38. We hereby grant to you a royalty-free, non-exclusive, revocable licence to provide a link from your website to the homepage of the Website; however, you must do so in a legal and fair way without damaging our reputation or taking advantage of it, and:
38.1. you shall not establish a link to the Website on any website that is not owned by you;
38.2. you shall not say anything that is false, misleading, derogatory or offensive about us or our services;
38.3. you shall not make any warranties or representation about us or our services without our prior written consent;
38.4. you shall not say or suggest that we have endorsed your website or are associated with it without our prior written consent; and
38.5. you may not charge any fee to any third party in order to use such link or to otherwise access the Website and, if you act in breach of this paragraph 38.5, you agree that any such fee that you have received shall become immediately payable by you back to such third party.
We reserve the right to withdraw this linking licence without notice.
39. We may change or update the Website and its content at any time without notice to you. However, please note that any content on the Website may be out of date at any given time, and we are not under any obligation to update that content.