IMPORTANT LEGAL NOTICE

ATTENTION: THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THE DAVIES MARSH WEBSITE UNDER THE DAVIESMARSH.CO.UK DOMAIN (“WEBSITE”) AND TO ANY CORRESPONDENCE BY EMAIL BETWEEN DAVIES MARSH AND YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE DAVIES MARSH WEBSITE. USING THE DAVIES MARSH WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE DAVIES MARSH WEBSITE. THIS NOTICE IS ISSUED BY DAVIES MARSH.

INTRODUCTION

1. By browsing and/or using the DAVIES MARSH website , you agree to the following terms in their entirety. If you do not accept this legal notice in full, you must leave the DAVIES MARSH website immediately.
2. ‘DAVIES MARSH’ and any other DAVIES MARSH product or service name referred to on the DAVIES MARSH website are trademarks of DAVIES MARSH LIMITED.
3. DAVIES MARSH, its affiliates, independent content providers and third parties provide content (information, communications, images and/or sounds contained on or available through the DAVIES MARSH website ). The contents of the DAVIES MARSH website are copyright © DAVIES MARSH LIMITED or its affiliates, independent content providers or third parties. All rights reserved. The contents of the DAVIES MARSH website cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission from DAVIES MARSH. You agree that the material and content contained within or provided by the DAVIES MARSH website is for your own personal use and may not be used for commercial purposes or distributed commercially.
4. You will be able to access the DAVIES MARSH website free of charge without registering your details with DAVIES MARSH.
5. In certain cases DAVIES MARSH may not be able to provide the goods, or carry out some of its other duties under contract, because of something that is beyond DAVIES MARSH reasonable control. This could include war, act of terrorism, widespread goods, fuel or power shortages, fire, flood, severe weather, other natural disasters, equipment failure or an accident that is not DAVIES MARSH’s fault. If this happens then DAVIES MARSH will not be responsible for so long as the effects of the event continue for any failure to provide the goods. DAVIES MARSH will continue to try to provide the goods as soon as possible despite nay such events.
6. You may have other rights granted to you by law in addition to those set out in these terms and conditions, which DAVIES MARSH may not exclude. These terms and conditions do not affect those other rights granted by law. If you wish to obtain further information about your rights, you should speak to your local Citizen’s Advice Bureau or Trading Standards Office.
7. DAVIES MARSH may revise this legal notice at any time by updating this posting. You are advised to check the DAVIES MARSH website from time to time to review the 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 the DAVIES MARSH website.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

SERVICE ACCESS

10. While we will use its reasonable endeavours to maintain the website in a fully operating condition, it will not be liable if for any reason the website is unavailable at any time or for any period. We are not responsible for the results of any defects that exist in the website.
11. We will not be liable for any loss, liability, damage or expense of whatever kind arising, whether wholly or partly and whether directly or indirectly, in consequence of the use of, or any reliance placed upon, such information by the visitor or other person.
12. We accept no liability for any inaccuracies or omissions in the website or for any other information obtained directly or indirectly from the website.
13. While we endeavour to ensure that the information on the website is correct, it does not warrant the accuracy and completeness of the material on the website.
14. We may suspend or vary the whole or any part of the service offered on the website for any reason, at any time at our sole discretion.
15. We reserve the right to make changes and corrections to the website at any time without notice.
16. We will not be liable for any telephone or other costs that may be incurred in connecting to the website.
17. If your computer does not support relevant technology including but not limited to encryption, you may not be able to use certain services or access certain information on the website.

LICENCE

18. You are permitted to print and download extracts from the DAVIES MARSH website for your own use on the following basis:
    
    • no part of the DAVIES MARSH website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without written permission from DAVIES MARSH;
    • no documents or related graphics on the DAVIES MARSH website are modified in any way;
    • no graphics on the DAVIES MARSH website are used separately from accompanying text; and
    • DAVIES MARSH’s copyright and trademark notices and this permission notice appear in all copies.
19. Unless otherwise stated, the copyright and other intellectual property rights in all material on the DAVIES MARSH website (including, without limitation, photographs and graphical images) are owned by DAVIES MARSH or its licensors. For the purposes of this legal notice, any use of extracts from the DAVIES MARSH website other than in accordance with paragraph above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the DAVIES MARSH website automatically terminates and you must immediately destroy any downloaded or printed extracts from the DAVIES MARSH website.
20. You may not mirror any material contained on the DAVIES MARSH website on any other server without the prior written consent of DAVIES MARSH. Any unauthorised use of the contents of the DAVIES MARSH website either under this clause or clause 11 above may be in breach of copyright laws, trademark laws or laws of England and Wales.

LINKS TO OTHER WEBSITES

21. The service is accessed via the World Wide Web that is independent of the DAVIES MARSH website and DAVIES MARSH. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. DAVIES MARSH has no responsibility for any information or service obtained by you on the World Wide Web.
22. Any links to third party websites on the DAVIES MARSH website are provided solely for your convenience. If you use these links, you leave the DAVIES MARSH website.

LINKS FROM OTHER WEBSITES

23. If you would like to link to the DAVIES MARSH website, you may only do so on the basis that you link to, but do not replicate, the home page of the DAVIES MARSH website, and subject to the following conditions:
    
    • you do not remove, distort or otherwise alter the size or appearance of the DAVIES MARSH logo;
    • you do not create a frame or any other browser or border environment around the DAVIES MARSH website;
    • you do not in any way imply that DAVIES MARSH is endorsing any products or services other than its own;
    • you do not misrepresent your relationship with DAVIES MARSH nor present any other false information;
    • you do not otherwise use any trademarks displayed on the DAVIES MARSH website without express written permission from DAVIES MARSH;
    • you do not link from a website that is not owned by you; and
    • your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
24. DAVIES MARSH expressly reserves the right to revoke the right granted in paragraph 23.
25. You shall fully compensate any loss or damage suffered by DAVIES MARSH or any of its affiliates for breach of paragraph 23.

VISITOR MATERIAL AND CONDUCT

26. You agree not to cause, nor knowingly allow others to cause, any nuisance, hindrance or inconvenience, whether to DAVIES MARSH or any of its customers or users of the DAVIES MARSH website by any means. You agree not to use the DAVIES MARSH website to disseminate any material for which you have not obtained all necessary licences and/or approvals or which is technically harmful. You also agree not to disseminate any material that is defamatory, offensive or obscene or menacing in character, which may in DAVIES MARSH’s judgement cause nuisance, annoyance, inconvenience to DAVIES MARSH or others, or which is illegal. You will not use the DAVIES MARSH website such that you would cause the whole or part of the DAVIES MARSH website to be interrupted, damaged, rendered less efficient or impaired in any way.
27. You will compensate DAVIES MARSH for all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgement by a court of competent jurisdiction and all settlements sums paid by DAVIES MARSH as a result of any settlement agreed by DAVIES MARSH arising out or in connection any breach by you of paragraph 26 including without any claim by any third party.
28. Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to the DAVIES MARSH website will be considered non-confidential and non-proprietary. DAVIES MARSH will have no obligations with respect to such material. DAVIES MARSH and its designees will 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.
29. A few areas of the DAVIES MARSH website may ask you to provide personal information that will enable DAVIES MARSH to use the information you provide to keep you informed of DAVIES MARSH’s latest products and services after your visit to the DAVIES MARSH website. The personal information will be used in accordance with DAVIES MARSH’s online Privacy Policy.
30. DAVIES MARSH will fully co-operate with any law enforcement authorities or court order requesting or directing DAVIES MARSH to disclose the identity or locate anyone in breach of paragraphs.

LIMITATION OF LIABILITY

31. DAVIES MARSH shall be liable for the death or personal injury arising from its negligence, or if DAVIES MARSH has deliberately lied to you where that lie caused you to enter into a contract with DAVIES MARSH.
32. YOUR ATTENTION IS PARTICULARY DRAWN TO SECTIONS 32A, 32B AND 32C.
    
    1. DAVIES MARSH shall not be liable for any loss (except for those set out in clause 31 above) which were not reasonably foreseeable at the time of entering into a contract with DAVIES MARSH (whether or not caused by DAVIES MARSH’s negligence).
    2. For the liability not covered by 31 above, DAVIES MARSH will not be responsible for any loss that could not have been expected to occur in advance of the loss of occurring, or any loss of any opportunity by you (including an opportunity for you or someone else to make, save or use money).
    3. For all DAVIES MARSH’s liability not covered by 31 above, you accept that DAVIES MARSH’s maximum financial responsibility to you will be the price of the goods even if the actual loss you suffer is more than that.
    4. The price of the goods has been calculated on the basis that DAVIES MARSH will exclude or limit its liability as set out in the contract. If you want DAVIES MARSH to take on more liability then please let us know and DAVIES MARSH will let you have a revised price.
33. The material on the DAVIES MARSH website is provided ‘as is’, without any condition, warranty or other terms of any kind. Accordingly, to the maximum extent permitted by law, DAVIES MARSH provides you with the DAVIES MARSH website on the basis that DAVIES MARSH 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) that but for this legal notice might have effect in relation to the DAVIES MARSH website.
34. DAVIES MARSH reserve the right to vary the terms of this contract from time to time, such variations becoming effective immediately upon posting of the varied Legal Statement on the DAVIES MARSH website. By continuing to use the DAVIES MARSH website, you will be deemed to accept such variation.

LIABILITY

35. To the fullest extent permitted by law you agree, DAVIES MARSH shall not be liable to you or a third party for any indirect, special, 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 the DAVIES MARSH website in any way or in connection with the use, inability to use or the results of use of the DAVIES MARSH website, any websites linked to the DAVIES MARSH website or the material on such websites.

APPLICABLE LAW

36. These website terms and conditions will be subject to English law, and the English courts will have exclusive jurisdiction in respect of any dispute arising from the contract.
37. The following information is required by the Electronic Commerce (EC Directive) Regulations 2002. The DAVIES MARSH website is owned and is provided by DAVIES MARSH LIMITED of Bank House. 27 King St, Leeds, West Yorkshire, LS1 2HL, United Kingdom. Email: data@daviesmarsh.co.uk. VAT registration number GB434742886.