ATTENTION: These terms and conditions apply to the entire contents of the Website under the domain name www.trethowans.com (the “Website”) and to any correspondence by e-mail between us and you via this Website.
Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you register with us. If you do not accept these terms, do not use the Website. These terms and conditions are issued by Trethowans LLP, a limited liability partnership, incorporated in England and Wales with registered number OC342356 and registered office address at London Road Office Park, London Road, Salisbury, Wiltshire SP1 3HP (“Trethowans”, “we”, “us” and “our”).
References in these terms to “you”, “your” and “yours” are references to the person(s) accessing the Website.
1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website may only open to you if you register.
1.2 By accessing any part of the 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 the Website immediately.
1.3 Trethowans may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Your continued access to or use of the Website will mean that you agree to any changes. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) Trethowans' copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by Trethowans or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Trethowans' prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. Service access
3.1 While Trethowans endeavours to ensure that the Website is normally available 24 hours a day, Trethowans shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Trethowans’ control.
4. Visitor material and conduct
4.2 You are prohibited from posting or transmitting to or from the Website any material:
(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 any 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 Trethowans shall fully co-operate with any law enforcement authorities or court order requesting or directing Trethowans to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.
5. Links to and from other websites
5.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Trethowans 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. Trethowans 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 the Website, you do so entirely at your own risk.
5.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Trethowans logo;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that Trethowans is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with Trethowans nor present any other false information about Trethowans;
(e) you do not otherwise use any Trethowans’ trade marks displayed on the Website without express written permission from Trethowans;
(f) you do not link from a website that is not owned by you; and
(g) 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.
5.3 Trethowans expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify Trethowans for any loss or damage suffered by Trethowans for breach of clause 5.2.
6.1 Each registration is for a single user only. Trethowans does not permit you to share your user name and password (if any provided) with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.
7. Internet and e-mail communication
7.1 We cannot guarantee the security of messages sent over the Internet, which are open to possible interception, loss or alteration. We are not responsible for them and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to Trethowans or any message sent by Trethowans to you over the internet.
9.1 While Trethowans endeavours to ensure that the information on the Website is correct, Trethowans does not warrant the accuracy and completeness of the material on the Website. Trethowans may make changes to the material on the Website, or to the services, products and/or prices described in it, at any time without notice. The material on the Website may be out of date, and Trethowans makes no commitment to update such material.
9.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Trethowans provides you with the Website on the basis that Trethowans 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 the Website.
10.1 Trethowans, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of Trethowans’ officers, directors, members, employees, or agents, 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 the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites or the Website, 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 the Website or your downloading of any material from the Website or any websites linked to the Website.
10.2 Nothing in this legal notice shall exclude or limit Trethowans's liability for:
(a) death or personal injury caused by negligence; or
(b) fraud; or
(c) any liability which cannot be excluded or limited under applicable law.
10.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11. Returns policy for on-line purchases only
11.1 If you are acting as a consumer, you may cancel any contract between you and us entered into via this website (a "Contract") at any time within seven working days, beginning on the day after you received any goods or services via this website ("Products"). In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out below).
11.2 To cancel a Contract, you must notify us in writing. You will also need to return the Product(s) (if any) to us immediately. The Products will need to be returned in the same condition in which you received them, and at your own cost and risk.
11.3 When you return a Product to us because you have cancelled the Contract within the seven-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. We will refund the price of the Product in full, including the cost of sending the item to you. You will be responsible for the cost of returning the item to us.
11.4 Any money refunded will ordinarily be returned to you using the same method originally used by you to pay for your purchase.
12. Payment by telephone
12.1 We will accept payments by telephone ("Telephone Payments"). If you would like to pay by telephone, please contact us by calling 023 8032 1000.
12.2 If there has been an unauthorised Telephone Payment from your bank account (including but not limited to an over-payment) to us, you must notify us immediately and in any event within 60 days of the unauthorised payment being made. Please note that we may not be liable if you take longer than 60 days from the date of the unauthorised Telephone Payment to notify us provided that we can demonstrate that we could have avoided any losses if you had notified us in a timely manner.
12.3 We recommend that you regularly monitor your account to identify any unauthorised Telephone Payments that may have been made.
12.4 To notify us if you believe that there has been an unauthorised Telephone Payment by you to us please write to: The Accounts Team, Trethowans LLP, London Road Office Park, London Road, Salisbury, SP1 3HP.
12.5 Upon our receipt of your notification in accordance with paragraph 12.4 above, we will investigate the matter and notify you within 30 days following receipt of your notice the results of our investigation. If we have made an error, we will correct it promptly by re-crediting your account. If we determine that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
12.6 If we discover a processing error we will rectify that error within 30 days of the conclusion of our investigation and notification to you in accordance with paragraph 12.5 above. If the error has resulted in you paying more money than you authorised we will refund you the unauthorised amount.
13. Payment online
13.1 Trethowans use reasonable endeavours to ensure our transaction process is safe and that your personal information is secure. Payment on-line can be made from the following credit or debit cards: Mastercard, Visa, Maestro & JCB.
13.2 Trethowans request authorisation for payment as soon as you submit your card details.
14. Governing law and jurisdiction
14.1 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.
15. Payment of interest on client account
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Issue Date: April 2012