Terms and Conditions
Please read these terms and conditions carefully as
they apply to your access to and use of our Website.
We request that you pay particular attention to our
Privacy Policy (link) which sets out the principles
by which we abide in relation to the treatment of information
about visitors to our Website.
ATTENTION: This legal notice applies to the entire
contents of this website under the domain name www.shm-group.com
(Website) and to any correspondence by e-mail between
us and you. Please read these terms carefully before
using this Website. Using this Website indicates that
you accept these terms regardless of whether or not
you choose to register with us. If you do not accept
these terms, do not proceed to use this Website. This
notice is issued by shm Smith Hodgkinson.
You may save these terms and conditions for your future
reference by clicking on "save" and print
a copy of them by clicking on "print".
These terms and conditions constitute the entire agreement
between us with respect to our Website and supersede
all prior communications and agreements between us,
whether electronic, oral or written, regarding the subject
matter contained in our Website. A printed version of
these terms and conditions and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form.
1. INTRODUCTION
1.1 You may access most areas of this Website without
registering your details with us. The information on
this Website is intended solely to provide general information
on the Company and the consultancy services it provides.
1.2 By accessing any part of this Website, you shall
be deemed to have accepted this legal notice in full.
If you do not accept this legal notice in full, you
must leave this Website immediately.
1.3 The Company may revise this legal notice at any
time by updating this posting. You should check this
Website from time to time to review the then current
legal notice, because it is binding on you. Certain
provisions of this legal notice may be superseded by
expressly designated legal notices or terms located
on particular pages at this Website.
2. LICENCE
2.1 You are permitted to print and download extracts
from this Website for your own use for the sole purpose
of reading or seeking information from it on the following
basis:
(a) no documents or related graphics on this Website
are modified in any way;
(b) no graphics on this Website are used separately
from accompanying text; and
(c) the Company's copyright and trade mark notices
and this permission notice appear in all copies.
2.2 You may not copy, distribute, transmit, display,
perform, reproduce, publish, licence, create derivative
works from, transfer or sell any information, products
or services appearing on this Website.
2.3 Unless otherwise stated, the copyright and other
intellectual property rights in all material on this
Website (including without limitation text, graphics,
logos, button icons, images, software) photographs and
graphical images) are owned by the Company or its licensors.
For the purposes of this legal notice, any use of extracts
from this Website other than in accordance with paragraphs
2.1 and 2.2 above for any purpose is prohibited. If
you breach any of the terms in this legal notice, your
permission to use this Website automatically terminates
and you must immediately destroy any downloaded or printed
extracts from this Website.
2.3 Subject to paragraph 2.1, no part of this Website
may be reproduced or stored in any other website or
included in any public or private electronic retrieval
system or service other than temporarily as one single
copy in the cache of your computer in the course of
using the Website without the Company's prior written
permission.
2.4 Any rights not expressly granted in these terms
are reserved.
2.5 Any framing of this website is prohibited. All
links to this website must go to www.shm-group.com
3. SERVICE ACCESS
3.1 While the Company endeavours to ensure that this
Website is normally available 24 hours a day, the Company
shall not be liable if for any reason this Website is
unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily
and without notice in the case of system failure, maintenance
or repair or for reasons beyond the Company's control.
4. VISITOR MATERIAL AND CONDUCT
4.1 Other than personally identifiable information,
which is covered under the Privacy Policy, any material
you transmit or post to this Website shall be considered
non-confidential and non-proprietary. The Company shall
have no obligations with respect to such material. The
Company and its designees shall be free to copy, disclose,
distribute, incorporate and otherwise use such material
and all data, images, sounds, text and other things
embodied therein for any and all commercial or non-commercial
purposes.
4.2 You are prohibited from posting or transmitting
to or from this Website any material (including but
without limitation):
(a) that is threatening, defamatory, obscene, indecent,
seditious, offensive, pornographic, abusive, liable
to incite racial hatred, discriminatory, menacing, scandalous,
inflammatory, blasphemous, in breach of confidence,
in breach of privacy or which may cause annoyance or
inconvenience; or
(b) for which you have not obtained all necessary licences
and/or approvals; or
(c) which constitutes or encourages conduct that would
be considered a criminal offence, give rise to civil
liability, or otherwise be contrary to the law of or
infringe the rights of any third party, in the UK or
any other country in the world; or
(d) which is technically harmful (including, without
limitation, computer viruses, logic bombs, Trojan horses,
worms, harmful components, corrupted data or other malicious
software or harmful data).
4.3 You may not misuse the Website (including, without
limitation, by hacking).
4.4 The Company shall fully co-operate with any law
enforcement authorities or court order requesting or
directing the Company to disclose the identity or locate
anyone posting any material in breach of paragraph 4.2
or paragraph 4.3.
5. LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on this Website are
provided solely for your convenience. If you use these
links, you leave this Website. The Company has not reviewed
all of these third party websites and does not control
and is not responsible for these websites or their content
or availability and their inclusion does not imply our
endorsement of their material. The Company therefore
does not endorse or make any representations about them,
or any material found there, or any results that may
be obtained from using them. If you decide to access
any of the third party websites linked to this Website,
you do so entirely at your own risk. You agree that
we will not incur any liability in respect of the content
of any site accessed through a hyperlink on this website.
6. DISCLAIMER
6.1 While the Company uses reasonable endeavours to
ensure that the information on this Website is correct,
the Company does not warrant the accuracy and completeness
of the material and content on this Website. The Company
may make changes to the material on this Website, or
to the services described in it, at any time without
notice. The material on this Website may be out of date,
and the Company makes no commitment to update such material.
6.2 The material on this Website is provided “as
is”, without any conditions, warranties or other
terms of any kind. Accordingly, to the maximum extent
permitted by law, the Company provides you with this
Website on the basis that the Company excludes all representations,
warranties, conditions and other terms (including, without
limitation, the conditions implied by law of satisfactory
quality, fitness for purpose and the use of reasonable
care and skill) which but for this legal notice might
have effect in relation to this Website.
6.3 The material on this Website does not constitute
advice of any kind, whether financial or otherwise.
By using this Website you confirm that you have not
relied on its content as advice on any specific matter.
7. LIABILITY
7.1 The Company, any other party (whether or not involved
in creating, producing, maintaining or delivering this
Website), and any of the Company's group officers, employees,
or agents of any of them, exclude all liability and
responsibility for any amount or kind of loss or damage
that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential
loss or damages, or any loss of income, profits, goodwill,
data, contracts, use of money, or loss or damages arising
from or connected in any way to business interruption,
and whether in tort (including without limitation negligence),
contract or otherwise) in connection with this Website
in any way or in connection with the use, inability
to use or the results of use of this Website, any websites
linked to this Website or the material on such websites,
including but not limited to loss or damage due to viruses
that may infect your computer equipment, software, data
or other property on account of your access to, use
of, or browsing this Website or your downloading of
any material from this Website or any websites linked
to this Website.
7.2 If you are accessing our website in the course
of a business, all implied warranties and conditions
are excluded to the maximum extent permitted by law.
7.3 Nothing in this legal notice shall exclude or limit
the Company's liability for:
(a) death or personal injury caused by negligence (as
such term is defined by the Unfair Contract Terms Act
1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited
under applicable law.
7.3 If your use of material on this Website results
in the need for servicing, repair or correction of equipment,
software or data, you assume all costs thereof.
8. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed
in accordance with English law. Disputes arising in
connection with this legal notice shall be subject to
the exclusive jurisdiction of the English courts.
9. GENERAL
If any provision contained in these terms and conditions
is determined to be invalid or unenforceable the remainder
of the terms and conditions shall not be affected.
Our Website is operated and controlled from the United
Kingdom and these terms and conditions and your use
of this Website are governed by and construed in accordance
with the laws of England and Wales. Unless you are using
our Website and services as a consumer, by agreeing
to these terms and conditions you consent to all disputes
arising out of or relating to your use of this Website
being decided only by the courts of England and Wales.
If you are accessing this Website from another jurisdiction
it is your responsibility to ensure compliance with
the laws that apply to that jurisdiction.
You are not permitted to assign your rights under these
terms and conditions. All rights under the Contracts
(Rights of Third Parties) Act 1999.
ACCEPT
Issue Date: 9 December 2005
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