Website Terms and Conditions
BY USING THIS WEBSITE YOU ACKNOWLEDGE THAT SUCH USE SHALL BE SUBJECT TO THESE TERMS & CONDITIONS. IF YOU DO NOT WISH TO ACCEPT THESE TERMS AND CONDITIONS DO NOT ACCESS THIS WEBSITE FURTHER AND DO NOT USE ANY OF THE PRODUCTS AND SERVICES AVAILABLE ON THIS WEBSITE.
• “You/Your”, which means yourself as user of the Website, and (if applicable) the Your organisation or the legal entity you represent (e.g. your employer) if you are using the Website in the course of employment or engagement by that entity; and • Lyddon Consulting Services Limited (“LCS”).
Basis of Use
This Agreement governs all your access to information provided by LCS, information you may provide to LCS and facilities offered by LCS via this Website, and also all materials and services made available from time to time on the Website (“Content”). The agreement is governed by English Law and You and LCS irrevocably submit to the exclusive jurisdiction of the English Courts. English is the language used for the availability of these Terms and Conditions.
The Content of this Website may be restricted by law in certain countries. It is Your responsibility to determine what those restrictions are and to observe them. LCS reserves the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the Terms and Conditions on each occasion you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest Terms and Conditions.
Upon acceptance of these Terms and Conditions You have a non-exclusive licence to access the Content made available on this Website from time to time subject to any other conditions that expressly apply to the use of specific Content. LCS has the right to revoke this licence at any time and to remove Content from the scope of the licence at any time without notice.
By using this Website you confirm that you are doing so in the course of business and not as a consumer and have authority to bind any business or organisation on whose behalf you use this Website.
You agree not to use the Website in any way to either directly or indirectly prejudice the interests of LCS and/or the Website service in any way.
It shall be Your responsibility to install and obtain licences for any software required to use the Website and for You to ensure that software is operating properly at all times. You shall provide at Your own cost suitable access to the Internet or equivalent through which the Services are intended to be delivered and You shall assume sole responsibility for the configuration and maintenance of that access and the licensing and/or provision of any software required.
The Website provides information and services, You agree and acknowledge that LCS is merely an information provider and not a broker or provider of financial products and services. Any products mentioned that You wish to use will be subject to a separate agreement between You/Your organisation and the provider of such products and not between LCS.
Content, product and pricing information
Where Content includes information relating to the prices of any product or service, LCS has the right to change any such pricing information at any time without notice, and such pricing information is provided to You for the purposes of general guidance only. LCS will try to ensure that all pricing information is accurate and up to date but as this information is provided to you for guidance purposes only, any such errors are subject to the exclusion of liability set out in this Agreement. You should independently verify all pricing information with LCS before finalising any agreement with LCS.
Title and Copyright
LCS or its licensors are the owners of all Intellectual Property Rights in relation to this Website and its Content and, except to the extent permitted by the licence granted under this Agreement, You may not copy, download, distribute or publish (including by any means of electronic dissemination) the Content in any way without the prior written consent of LCS.
In relation to any information or materials which You submit to LCS using this Website, You grant to LCS a world-wide royalty-free perpetual licence of the intellectual property rights in such information or materials for and consistent with the purposes disclosed to You including, without limitation, the copying, transmission, distribution and publication thereof, unless restricted by applicable law.
You acknowledge that the contents of these provisions in relation to Intellectual Property Rights shall not limit any specific provisions set out in any individual terms and conditions applicable to particular products and services offered on or through this Website.
It is Your responsibility to ensure that all of your organisation’s relevant employees and agents are advised that this Website may contain confidential information of LCS and that all Intellectual Property Rights in such information vest in and are the property of LCS, and You will use all reasonable endeavours to ensure that such employees and agents comply with all the Terms and Conditions of this Agreement and this clause in particular.
For the purposes of clarification “Intellectual Property Rights” shall mean: patents, trademarks, design rights and copyright, whether registered or not, and anything related thereto or similar from time to time; information relating to LCS’ business and method of operation; and any information provided by LCS in relation to its Services or pursuant to its operation.
Warranties and obligations
LCS does not provide any warranties in respect of the accuracy, operation or usefulness of the Website or the Services nor does it warrant that operation will be uninterrupted or error free.
Modifications and Reservations
LCS reserves the right to make improvements, substitutions, modifications or enhancements to any part of the Website or Content at any time without notice.
WARRANTIES AND LIABILITY
NOTHING IN THESE TERMS AND CONDITIONS AND IN PARTICULAR UNDER THIS HEADING ‘WARRANTIES AND LIABILITY’ EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY, FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY WHICH MAY NOT OTHERWISE BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
OTHER THAN AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS LCS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) IN RELATION TO THIS WEBSITE OR ITS CONTENT AND LCS EXCLUDES (TO THE EXTENT PERMITTED BY LAW) ALL SUCH WARRANTIES AND REPRESENTATIONS.
THE CONTENT CONTAINED ON THIS WEBSITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND IS NOT AN OFFER OF BANKING SERVICES. ANY ADVICE OR INFORMATION RECEIVED THROUGH THIS WEBSITE OR ITS CONTENT SHOULD NOT BE RELIED UPON AS BEING CORRECT OR ACCURATE AS IT YOUR OBLIGATION TO VERIFY INDEPENDENTLY SUCH MATTERS FROM PRIMARY SOURCES OF INFORMATION AND BY TAKING SPECIFIC OR FURTHER PROFESSIONAL ADVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, LCS WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT OR NEGLIGENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE TERMS AND CONDITIONS FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, DATA, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS); OR LOSS OF GOODWILL OR REPUTATION; OR CONSEQUENTIAL, SPECIAL OR INDIRECT LOSSES SUFFERED OR INCURRED BY THAT PARTY ARISING OUT OF DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS WEBSITE AND ITS CONTENT INCLUDING ANY LOSS, DAMAGE OR EXPENSE ARISING FROM, BUT NOT LIMITED TO, ANY DEFECT, ERROR, IMPERFECTION, FAULT, MISTAKE OR INACCURACY WITH THIS WEBSITE, ITS CONTENT OR ASSOCIATED SERVICES (INCLUDING BUT NOT LIMITED TO THE MEMBER ACCESS AND ALL CONTENT AND SOFTWARE DOWNLOADED FROM THIS WEBSITE), OR DUE TO ANY DELAY TO OR UNAVAILABILITY OF PART OR ALL OF THE WEBSITE OR ANY CONTENT OR ASSOCIATED SERVICES OR IN CONNECTION WITH ANY THE PROVISIONS OF ANY MATTER UNDER THESE TERMS AND CONDITIONS.
LCS and you acknowledge and agree that unless expressly included in these Terms and Conditions the requirements of the Electronic Commerce (EC Directive) Regulations 2002 are excluded to the fullest extent permissible by law.
Links to other Internet Websites that LCS may from time to time provide does not imply any endorsement by LCS of those websites or the content or services on those websites or profile information pages. If You use any such links, then You acknowledge that use of the websites or profile information linked to is not the responsibility of LCS.
Usernames and Password
If you are granted access to password protected services on this Website, the associated username(s) and password(s) (“Password”) is for exclusive and non-transferable use to You personally and in accordance with any other terms and conditions under which such access is granted. LCS may withdraw Your Password at any time without notice and at its sole discretion. LCS may allocate a new password and username to You where LCS has reason to believe such password or username has been discovered and/or used by any person or organisation other than Yourself. In the event that You become aware or have any reason to believe that Your Password has become known to any other person or organisation, You must immediately notify LCS by e-mail to firstname.lastname@example.org and thereafter by post to WEB Administrator, Lyddon Consulting Services Limited, 6 The Glebe, Wells-next-the-Sea, Norfolk NR23 1AZ.
You are responsible for all use of the Website when access to the Website is obtained through the use of the Your Password whether authorised or unauthorised.
Mis-use of the Website
You agree not to use or to permit another to use the Website:
- in any way (including without limitation by posting information via the website) which is defamatory, offensive, abusive, indecent, obscene or menacing or which breaches any Intellectual Property Rights or obligation of confidence or which is otherwise illegal or unlawful under any applicable laws; or
- to cause annoyance, inconvenience or needless anxiety to any other person which is in violation of any applicable laws (in any jurisdiction in the world); or
- to introduce a virus or other disruptive program or act in any way which impacts upon the performance or availability of the website; or
- in any way which is not authorised by LCS or in breach of these Terms and Conditions.
Without prejudice to the rights and remedies of the parties, LCS shall be entitled on any breach of the Agreement by You or any reasonable anticipation of a material breach being about to occur to suspend the provision any aspect of the Website or its Content (either in whole or in part) and/or to block or remove any of Your postings.
You shall indemnify LCS and keep LCS fully indemnified from and against all losses, costs (including but not limited to all legal expenses and any cost of enforcement), liabilities, claims, damages and expenses that may be incurred or suffered by LCS as a result of or arising out of or in any way connected with Your use of the Website, and the foregoing shall include (but not limited to) Your actions that are inconsistent with, or are in breach of, Your obligations under this Agreement, any applicable laws or regulations, or arising out of Your negligence, any claim of defamation, libel, slander, obscenity, invasion of privacy or any allegation thereof or infringement or alleged infringement of Intellectual Property Rights or of obligations of confidence or any other claims anywhere in the world brought by third parties or any failure by You to meet any third party obligations.
Your licence to use the Website and any or all of the Content and Services may be terminated by LCS at any time without cause or notice. Any termination of this Agreement will be without prejudice to any other rights or remedies of You or LCS under this Agreement or at law and will not affect any accrued rights prior to the date of termination.
SEVERABILITY: If any portion of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms and Conditions shall not be affected.
WAIVER: No delay or failure by LCS to exercise any powers, rights or remedies under these Terms and Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of LCS.
ASSIGNMENT: You may not assign this Agreement or any benefits or interests arising under this Agreement without the prior written consent of LCS. LCS reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under this Agreement to any third party.
THIRD PARTY RIGHTS: These Terms and Conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999 except:
a) where a person who is a permitted LCS successor or assignee (under ‘ASSIGNMENT’ above) of the rights or benefits of these Terms and Conditions may enforce such rights or benefits
b) no consent from the persons referred to above is required for the parties to vary or rescind these Terms and Conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
ENTIRE AGREEMENT: These Terms and Conditions supersede all prior representations understandings and agreements between You and LCS relating to the use of this Website and sets forth the entire agreement and understanding between you and LCS for your use of this Website
This Website is operated by:
Lyddon Consulting Services Limited
14 Portsmouth Avenue, Thames Ditton, Surrey, KT7 0RT
A company limited by guarantee, registered in England and Wales (company registration No. 4428435) and whose registered office is situated at 6 The Glebe, Wells-next-the-Sea, Norfolk NR23 1AZ
VAT Number. 838 5410 17
© Lyddon Consulting Services Limited 2007. ALL RIGHTS RESERVED