|
Terms and ConditionsLast updated May 2010
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
It is important that you read and understand the terms and conditions
that apply to your use of this website. If there is any term that you
do not understand or do not wish to agree to please discuss it with us
before making use of this site. Only make use of this site if you wish
to be bound by our terms and conditions.
Use of this website creates a legally binding agreement between:
Rabson Finance & Investments
16 Broadfields Avenue
Edgware
London HA8 8PG,
United Kingdom
("we", "us", "our"); and
You, the user of our website ("you" or "your").
Rabson Finance intends not to discriminate against any section of the
community. We aim to be accessible to everyone. If you have any
special needs, please contact us and we will try to help.
1 LEGALLY BINDING TERMS AND CONDITIONS
1.1
Your use of our website may be subject to restrictions imposed by law.
You must comply with these laws as it is not possible for us to comply
with them on your behalf.
1.2 We may change these terms and
conditions at any time by publishing a new version on our website. Your
use of our website will from that point on be governed by the new
version. If you do not wish to accept any new version of our terms and
conditions then you should not continue to use our website. If you
continue to use our website after the date on which the new version of
our terms and conditions comes into effect then your continued use of
our website shall indicate your agreement to be bound by the new terms
and conditions.
2 USE OF OUR WEBSITE BY YOU
2.1
We license you to use our website provided that you have read and you
understand and accept these terms and conditions, including our Privacy
Policy, which forms part of them; you use our website for your own
personal non-commercial use only and in accordance with these terms and
conditions; and you are over 18 years . You may not use
our website in any other circumstances or permit anyone else to use it.
2.2
Our website is designed to be accessed through its principle home page
and such other principle product pages as we decide. If you access the
site through individual pages directly, which are not designed for this
purpose, you may not see important information which is relevant to a
full understanding of our products and services. You will be referred
on certain website pages to read important information which will
contain product details and relevant legal or regulatory information and
which should be read in conjunction with the appropriate website pages.
2.3
If you choose to access certain services and products on this website
which require you to submit details electronically (for example,
downloading an application form, registering with us etc) you may
receive an automated acknowledgement. Any such e-mail is for
acknowledgement purposes only and shall not constitute an offer or
acceptance from us to provide you with any product or service.
2.4 We
will not enter into any contracts with you online. If you try to enter
into an online contract with us, that contract shall be void and have
no effect.
2.5 The contents of this website are not intended to
provide any financial, investment or professional advice and nothing on
the pages of this website shall be deemed to constitute the provision of
financial, investment or other professional advice in any way.
2.6
Your licence to use our website extends only to your temporary use of
any material downloaded from our website and displayed on a personal
computer operated by you. You may print one copy of such content for
your own personal non-commercial use only. We recommend that you print
out and keep a copy of these terms and conditions, including our Privacy
Policy, for your own records. Your licence to download and use does
not extend to altering the material downloaded or to incorporating it
into any other work or publication, whether in hardcopy or electronic or
other form, or to distributing or disclosing the downloaded material to
others except with our prior written consent.
2.7 Except as
expressly provided in these terms and conditions or by any applicable
law you may not use, distribute or copy any part of our website without
our prior written consent.
2.8 We may withdraw your licence to use
any part of our website at any time for any reason but this will not
affect any rights that had accrued to either you or us prior to the
withdrawal.
2.9 We may alter or withdraw our website without notice
at any time without incurring any liability to you or to any other
person.
2.10 We may refuse to deal with information submitted by you via our website which is not in English.
2.11
You must not use, or permit the use by any other person of our website
in any way which is defamatory, offensive, abusive, indecent, obscene or
menacing in any way which violates or infringes the rights of any
person or organisation any way which is illegal or unlawful; to
introduce a virus, trojan horse, worm, trap door, back door or other
disruptive program or item whatsoever; in any way which is not
authorised by us or which is in breach of these terms and conditions; in
any way which may cause our website or its functionality to be impaired
or interrupted in any manner; or to create and/or publish a link to any
part of our website without our prior written consent or to attempt any
unauthorised access to any part or component of our website.
3 INTELLECTUAL PROPERTY RIGHTS
You
agree that all intellectual property rights (including but not limited
to patents, copyright, circuit topography rights, registered designs and
unregistered design rights, database rights (including rights of
extraction), trade marks and service marks and any application or right
to apply for registration of any such rights) contained in our website
and its contents belong to us or to others who have licensed us to use
them.
4 PRIVACY POLICY AND DATA PROTECTION
4.1
You agree that we may use, transfer and disclose your personal details
and other information in accordance with our Privacy Policy, which forms
part of these terms and conditions. To view our Privacy Policy, click
here Privacy Policy or click the "Privacy Policy" link on our home page.
4.2
You must not disclose to any third party any information of a
confidential nature relating to our affairs, business, service, products
or plans (except to the extent that such information is already
lawfully known to the receiving or acquiring party, or is already in the
public domain);
5 LIABILITY AND WARRANTIES
5.1
The limitations and exclusions on our liability described in these
terms and conditions do not apply in the case of death or personal
injury caused by our negligence or in the case of our fraud or in the
case of any other liability which we may not limit or exclude under any
applicable law. They do not affect your statutory rights as a consumer.
5.2
Except as set out in 5.1 above we will not be liable to your or anyone
else, in contract, tort or otherwise in connection with, these 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 special or indirect losses
suffered or incurred arising out of or in connection with these terms
and conditions or the use of our website.
5.3 Except as set out in
5.1 above we are not liable for any statement or representation that we
make to you, even if you rely on it, unless we made the statement or
representation fraudulently. In all other circumstances, except as set
out in 5.1 above, we will not be liable to you or anyone else for losses
or damages arising from use of our website by you or others whether
arising from any loss of information, content or material uploaded or
transmitted through the website, from action taken in reliance on
material or information contained on the website or anything else.
5.4
Except as set out in 5.1 above our website is provided on an "as is"
and "as available" basis. In particular, we make no warranties or
representations to you that any email we send to you or that you send to
us will reach its destination or that it will be private and secure
during internet transmission; about the accuracy of any information on
our website in relation to products or services offered on our website
whether by us or on our behalf (including free software downloads) or
their availability unless specified in separate terms and conditions in
connection with the particular products or services concerned; as to the
availability, accessibility reliability, operation or performance of
our website or the server(s) that make it available or as to their
freedom from viruses defects or bugs and we exclude (to the fullest
extent permitted by law) all implied terms, warranties and
representations in connection with these terms and conditions.
5.5 We
have no control over the worldwide web or over the compatibility of our
website with any of your equipment, software or any telecommunications
links. Accordingly, except as set out in 5.1 above you release us, our
agents and employees from all liability arising out of or in connection
with the operation or the level of performance of the worldwide web or
the Internet or the compatibility of our website with any of your
equipment, software or telecommunications links and you agree that we
are not responsible for any telephone changes or other costs you may
incur in accessing and using our website.
5.6 For your convenience,
we may provide links to other websites or resources for you to access at
your sole discretion. You acknowledge and agree that, as you have
chosen to enter the linked website we are not responsible for the
availability of such external sites or resources, and do not review or
endorse and are not responsible or liable, directly or indirectly, for
(i) the privacy practices of such websites, (ii) the content of such
websites, including (without limitation) any advertising, content,
products, goods or other materials or services on or available from such
websites or resources or (iii) the use which you or others make of
those websites or resources, nor (iv) for any damage, loss or offence
caused or alleged to be caused by, or in connection with, the use of or
reliance on any such advertising, content, products, goods or other
materials or services available on such external websites or resources.
5.7
You agree to indemnify us (subject to any restrictions imposed by law)
from and against all costs, losses, claims, damages, expenses or
proceedings suffered or incurred by us arising out of or in connection
with any breach of these terms and conditions by you and any breach by
you of any law or legislation.
6 GENERAL
6.1
If any part of these terms and conditions is judged to be illegal or
unenforceable by a court or any other competent authority, that part
will be deemed to be deleted. The remaining parts will continue in full
force and effect.
6.2 Any delay by us in enforcing our rights against
you does not affect our ability to enforce those rights. Any waiver by
us of any right against you, it is not a waiver of any other rights
that we may have against you.
6.3 We shall not be responsible for any
breach of these terms and conditions caused by circumstances that are
beyond our reasonable control.
6.4 Any notice to be given under these
terms and conditions (unless otherwise specified) must be in writing in
the English language and be delivered either personally or by
registered post to the other party. In the case of post, the notice will
be deemed to have been received 10 working days after the date of
posting, and in all other cases will be deemed to have been received on
the next working day following the date of actual delivery.
6.5
These terms and conditions are governed by English law and we and you
both agree that any dispute arising between us will be dealt with
exclusively in the English courts.
6.6 You may not assign or
sub-contract any of your rights or obligations under these terms and
conditions to anyone else unless agreed in writing by us. We reserve
the right to transfer, assign, novate or sub-contract the benefit of the
whole or part of any of our rights or obligations under these terms and
conditions or any related contract to any other person.
6.7 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
UK Contracts (Rights of Third Parties) Act 1999) except that our
permitted successors, assignees, subcontractors and nominees shall have
the right to enforce any rights or benefits under these terms and
conditions and take the rights or benefits of any limitation or
exclusion or limitation of liability in these terms and conditions and
no consent from such person/entity is required for the parties to vary
or rescind these terms and conditions.
6.8 These terms and conditions
including the documents or other sources referred to in them supersede
all prior representations understandings and agreements between you and
us relating to the use of our website and set forth the entire agreement
and understanding between you and us concerning your use of our
website.
6.9 You may send notices to us in connection with these terms and conditions by post or in person to:
|