Terms & Conditions - Main Website & Other Websites
Last Updated - August 13th 2018
PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY. THEY DESCRIBE YOUR RIGHTS, RESPONSIBILITIES AND, ALL THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITES.
If for any particular reason you are unwilling to agree to these terms and conditions as set out below, you may write to us with the reason why not. you should however, cease immediately from using any in part or at all, our websites, online systems, if you are to continue you are agreeing to the terms herein referred to below.
Thank you for using www.hattonandberkeley.com, or any other website controlled and operated by Hatton & Berkeley (individually, a "Website" or collectively, “Websites”). Hatton & Berkeley (“firm”, “we”, “us” and “our”) is a Professional Business Services firm practising at offices in the United Kingdom ("U.K."). Please see our Main Site for a description of the legal entities that are related to or provide services to. Each Site contains general legal information based on English law and information about our legal services to clients. This set of Terms & Conditions of Use (“Terms & Conditions”) are a legally binding agreement between you and 'Hatton & Berkeley Global Ltd' and apply to your use of our Websites and digital services.
Trademarks, Copyright & Database Rights
Copyright of the content on each Website (including without limitation all images, illustrations, designs, icons, photographs, video clips, trademarks, service marks, the "look" and "feel", colour combinations, button shapes, layout, design, graphical elements, arrangement of items, written and other materials that appear on this Website, HTML and other code and all copyrightable or otherwise legally protectable elements on our Websites) and all database rights in each Websites (collectively, our “Content”) are owned by Hatton & Berkeley or its licensors and are legally protected under intellectual property laws (Copyright, Designs & Patents Act of 1988). The modification, copying, distribution or incorporation into any other work of part or all of any Website or its Content in any form is strictly prohibited except that you may print or download extracts for your non-commercial, informational and personal use only. All rights remain expressly reserved.
All product names, names of services, trademarks and service marks ("Marks") are the property of Hatton & Berkeley, or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms & Conditions.
There may be links that make it easier for you to connect to third party websites or that will let you access any of our Sites from third party websites. Linked third party websites are not under the control of Hatton & Berkeley and Hatton & Berkeley is not responsible for the contents of any linked third party website or any link contained in such a linked website. Existence of links to other third party websites is not an endorsement by Hatton & Berkeley in favour of such website or the products or services contained in any third party website. If you choose to access a third party website linked on any of our Websites you do so entirely at your own risk. Concerns regarding services or resources or links to third party websites should be directed to the provider of the outside (third party) service or resource. You are permitted to link to our homepage www.hattonandberkeley.com without prior consent. Hatton & Berkeley at all times reserves the irrevocable right to rescind consent for any link to any of our Websites and to take any legal action it deems appropriate.
We grant you a limited license and right to use the Content of our Websites solely in connection with your direct personal, non-commercial use. Unauthorised or prohibited use of Content may subject you to civil or criminal liability. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) any of our Websites for any purpose or in any manner that is prohibited by these Terms & Conditions or by applicable law. You may not do the following in connection with use of any of our Sites:
- Alter, delete or conceal copyright or other notices, even if we let you display, download print or share the Content with any other party;
- Send any unsolicited, commercial email to any email addresses provided on the Website. The posting of email addresses is not to be construed as, and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorised use without prior permission from Hatton & Berkeley. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited;
- Post or transmit to or from the Website any unlawful, threatening, libellous, defamatory, obscene, inflammatory, indecent or pornographic material or other material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to any civil liability or otherwise violate any applicable law;
- Post or transmit and from the Website any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trade mark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
- Download any file posted by any other user if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner;
- Attempt to probe, scan or test the vulnerability of the Website, system or network or to breach security or authentication measures without proper authorisation;
- Interfere or attempt to interfere with the proper functioning of the Website or Hatton & Berkeley in general, including, without limitation, via means of submitting a virus to the Website or Hatton & Berkeley, overloading, "flooding", "mail-bombing" or "crashing";
- Send unsolicited e-mail of promotions and/or advertising of products or services;
- Forge any TCP/IP packet header or any part of the header information in any e-mail;
- Frame the contents of any part of the Website within any materials not originated by Hatton & Berkeley.
You personally agree to defend Hatton & Berkeley against all claims, demands, or actions arising from or incurred as a result of your breach(s) of these Terms & Conditions (“Claim”) and you shall indemnify and hold us harmless from and against any expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) resulting from any such Claim. We have the right, at our expense, to assume exclusive defence against any Claim and all negotiations for settlement and you agree to cooperate with us, at our request, in the defence of any such Claim.
Our Terms & Conditions are effective unless and until terminated by either you or Hatton & Berkeley. You may terminate your acceptance of your agreement with us by discontinuing any further use of our Websites. Hatton & Berkeley may also terminate, discontinue or suspend our Terms & Conditions and any of our Sites at any time and may do so immediately without notice, and accordingly we may deny you access to any Site for any reason or no reason. Upon any termination of these Terms & Conditions by either you or us, you must promptly destroy all materials downloaded from any Website, as well as copies of such materials, whether made under the terms of this agreement or otherwise.
Severance & Waiver
If any provision of our Terms & Conditions is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of our Terms & Conditions, which shall remain in full force and effect. No waiver of any term of our Terms & Conditions shall be deemed a continuing waiver of such term or any other term.
Third Party Rights
Nothing in our Terms & Conditions is intended to confer on any third party (whether referred to in our Terms & Conditions by name, class, description or otherwise) any benefit or any right (under the Contracts (Rights of Third Parties) Act 1999 UK or otherwise) to enforce any provision of our Terms & Conditions or any agreement entered into in connection with it.
If you use the Site in the United Kingdom, any claim relating to, and the use of, such Site and the materials contained herein is governed by English law. You consent to the exclusive jurisdiction of the English Courts.
Non Service Provider - The Client Relationship
Each Website is presented for informational purposes only. Your use of any of our Websites does not create an service provider-client relationship with Hatton & Berkeley, nor does such use constitute the receipt of any form of advice from Hatton & Berkeley. A detailed confidential discussion of your specific circumstance with a representative of the firm is an integral and necessary component of becoming a client of Hatton & Berkeley, whereas those who choose to utilise any Service of Hatton & Berkeley without permission will be bound by our Terms & Conditions and waive any rights. No user of any of our Websites, whether or not the user is an existing client of Hatton & Berkeley, should act or refrain from acting based on the content of any of our Websites without seeking appropriate advice. Although the information contained in each Website is not intended to be advertising, some material may be considered advertising under the professional rules of conduct in some international territories. Hatton & Berkeley is unable to represent a client that may come to the firm for assistance from a jurisdiction where the material provided on the relevant Website does not comply with local territorial ethics rules, if that client came to us directly as a result of material they viewed on such Website.
Site Content; Disclaimer And Limitation Of Liability
OUR WEBSITES AND ALL CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY RELATING TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT OUR WEBSITES OR DIGITAL CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL/ANY CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY SITE OR CONTENT IS ACCURATE, COMPLETE, ERROR FREE. ALTHOUGH HATTON & BERKELEY ENDEAVOURS TO ENSURE THAT THE CONTENT OF EACH SITE IS ACCURATE AND UP TO DATE, USERS SHOULD SEEK APPROPRIATE LEGAL ADVICE BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION BASED ON INFORMATION PROVIDED VIA SUCH WEBSITE. THE CONTENTS OF EACH WEBSITE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORISED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY USING ANY OF OUR WEBSITES YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR WEBSITES.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FORM OUR WEBSITES, CONTENT, ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT OF OUR SITE OR CONTENT OR OUR TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE FOREGOING PARAGRAPHS DO NOT ATTEMPT TO AFFECT ANY OF YOUR STATUTORY RIGHTS AS A CONSUMER OR OTHERWISE UNDER THE APPLICABLE LAW OF THE RELEVANT JURISDICTION. TO THE EXTENT THAT THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE EXPRESSLY PROHIBITED BY LAW THOSE PARTS OF THE CLAUSES THAT ARE PROHIBITED WILL NOT APPLY. THE REMAINING TERMS AND CLAUSES WILL CONTINUE TO APPLY. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM EXCLUSIONS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED BRITISH POUNDS STERLING (£100).
Our Terms and Conditions can not be modified except as described herein or in a written amendment signed by an authorised representative of ours. No electronic or digital communication of any kind is to be construed as a ‘writing’ for purposes of amending or modifying our Terms & Conditions or the rights or obligations of the parties hereunder. Any provision which must survive any termination of your agreement with us in order to allow us to enforce its meaning shall survive. You may not make or initiate any claim, demand or action against us, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
Questions regarding these Terms & Conditions or notifications of any errors should be directed to the Privacy Administrator at Hatton & Berkeley, email at email@example.com, or by mail to 43 Berkeley Square, London W1J 5AP, United Kingdom.
© Hatton & Berkeley Global Ltd 2018. A company incorporated in the United Kingdom.