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ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.companysearchesmadesimple.com and any other website of the Made Simple Group Limited and to any correspondence by e-mail between the Made Simple Group Limited and you.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE.
Using the 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 use the Website. This notice is issued by the Made Simple Group Limited
1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are 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 The Company 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. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
3.1 Your use of the Website is subject to these General terms and Conditions together with any more specific terms we may draw your attention to before you purchase any products from the Website.
The following definitions apply
A. "Consumer" shall have the meaning ascribed in section 12 of the Unfair contract Terms Act 1977.
B. "General Terms and Conditions" means these terms and conditions
C. "Specific Terms and Conditions" means the Specific terms and conditions tailored to cover any product or service that you may purchase through the Website, and which take priority over these General Terms and Conditions to the extent of any conflict between them.
D. "Web site" "Website" or "Site" means the web site you are browsing when you clicked on a link to these General Terms and Conditions, including all subsidiary pages.
E. "we" or "us" or "ourselves" refers to the organisation whose name is identified to you on the Website. Please note that because these General Terms and Conditions apply to more than one Web Site of the Made Simple Group, references to "We" or "Us" in these General Terms and Conditions means the company, partnership, or other organisation that is identified on the home page of the Web Site you were browsing when you were referred to these General Terms and Conditions.
3.3 Information Contained on the Web site
A. While we take all reasonable care to ensure that the information contained on the Website is accurate and up to date, we make no representations, warranties or undertakings about any of the information content or materials provided on the Website (including, without limitation, any as to quality, accuracy, completeness or reliability).
B. All material on the Website is provided for information purposes only and does not constitute legal, accounting or other professional advice, and it must therefore not be relied upon as such. You should arrange your own advice from a qualified party before acting in reliance on any of the information, or purchasing any of the products or services, available on or from the Web Site.
3.4 Updates and Changes
A. The Website is being updated and improved on an ongoing basis. We reserve the right to change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that we shall not be liable to you for any such change or removal; and
B. Changes to these General Terms and Conditions or to the Specific Terms and Conditions may be made at any time and your use of the Website, or the purchase of products or services, are subject to any such changes. You agree to check to see if any changes have been made to the General or the relevant Specific terms each time you visit the Website or purchase products or services from it.
3.5 Exclusion of liability to you from the use of the Web Site
A. The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
B. Any and all liability to you that may arise from your access to and use of the Web Site, whether due to negligence, breach of duty or otherwise, is excluded to the maximum extent permitted by law.
C. No warranty is given that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Web Site or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
D. We are not responsible for the content of other Websites that link to the Website, nor are we responsible for the content of any Website to which links are provided from the Website. Links to other sites are provided purely for your convenience and do not imply that we approve of those sites.
E. We and any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Made Simple Group Limited group of companies or the officers, directors, employees, shareholders 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 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, 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.
F. For the avoidance of doubt, neither the Made Simple Group Limited nor any member of the Made Simple Group Limited group of companies or the officers, directors, employees, shareholders or agents of it or of any of them accepts or shall have any responsibility of any kind whatsoever for any third party content on the Website and, for these purposes, "third party" means any person (including a Partner) who is not a member of the Made Simple Group Limited group of companies or an officer, director, employee, shareholder or agent of the Made Simple Group Limited or any member of the Made Simple Group Limited group of companies, and "content" includes any article, advert, editorial material prepared by any third party and any posting and any other material published by any third party in any way either directly or indirectly on or through the Website, including any link to any third party site or sites.
G. Nothing in these General Terms and Conditions shall be construed so as to exclude or limit the liability of ourselves for death or personal injury as a result of our negligence or that of its employees or agents.
3.6 Copyright and trade marks (Intellectual Property)
A. The copyright in all materials on the Website, including their design, layout, text, graphics, photographs and the source code and software belong to their respective owners. Trade marks (whether registered or not) company names and the like are the property of their respective owners.
B. You are licensed to view and temporarily store Website pages and their content in your browserâ€™s temporary cache, and also to print out for reference a single copy for non-commercial purposes and off-line review. You may not sell or re-sell anything available from the Website, save to the extent expressly permitted pursuant to any product or service purchased by you from the Web Site where such permission is either expressly given or is a necessary attribute of the product or service concerned.
3.7 Force Majeure supply of goods or services ordered through the Website
A. In connection with the supply of any goods or services ordered by you through the Website, we shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and we shall be entitled to a reasonable extension of our obligations to you (to the extent we owe any such obligations) should a force Majeure event occur.
B. If a Force Majeure event to which this clause applies shall occur, we agree to notify you as soon as practicable. If the Force Majeure event continues for more than 14 days, either party shall have the right to cancel the agreement and where services have been paid for in advance but have not been rendered, you will be entitled to a refund from the date of cancellation for all such services.
3.8 Visitor Material and Content
B. You are prohibited from posting or transmitting to or from the Website any material:
(i) 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
(ii) for which you have not obtained all necessary licences and/or approvals; or
(iii) which in any way breaches any applicable local, national or international law or regulation, is in any way unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or which in any way 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
(iv) 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).
C. You may not misuse the Website (including, without limitation, by hacking or by using it to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)).
D. The Made Simple Group Limited 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 clause 3.8 B or clause 3.8 C above.
E. The Made Simple Group Limited expressly reserves the right in the event it considers in its discretion that there has been any breach of the provisions of clause 3.8 B or clause 3.8 C to take any action it deems appropriate, including specifically and without limitation the:
(i) immediate, temporary or permanent withdrawal of your right to use our site;
(ii) immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
(iii) issue of a warning to you;
(iv) commencement of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(v) further legal action against you; and
(vi) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
3.9 Links to and from other websites
A. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Made Simple Group Limited 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. the Made Simple Group Limited 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.
B. 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:
(i) you do not remove, distort or otherwise alter the size or appearance of the the Made Simple Group Limited logo;
(ii) you do not create a frame or any other browser or border environment around the Website;
(iii) you do not in any way imply that the Made Simple Group Limited is endorsing any products or services other than its own;
(iv) you do not misrepresent your relationship with the the Made Simple Group Limited nor present any other false information about the the Made Simple Group Limited;
(v) you do not otherwise use any of the Made Simple Group Limited trade marks displayed on the Website without express written permission from the Company;
(vi) you do not link from a website that is not owned by you; and
(vii) 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.
C. the Made Simple Group Limited expressly reserves the right to revoke the right granted in clause 3.9 B for breach of these terms and to take any action it deems appropriate.
D. You shall fully indemnify and hold harmless the Made Simple Group Limited and/ or any of its group companies for any loss or damage suffered by the Made Simple Group Limited and/or any of its group companies for breach of clause 3.9 B (including, without limitation, any and all costs and expenses whatsoever of any legal or other proceedings in connection therewith).
3.10 User name and password
A. The website may provide the facility to register in order to gain enhanced access privileges or in order to purchase products or services. If you register, it is your responsibility to maintain the confidentiality of your password. On no account should you disclose your password to anyone else. You agree to indemnify and hold us harmless for any loss or damage we may incur resulting from breach of this clause.
3.11 Data Protection
A. We take our obligations of confidentiality and the protection of your personal data very seriously. We will not, therefore, sell or make you data available to any third party without your prior consent, except for the following limited purposes
B. Your data may be passed to other companies, partnerships or organisations in the same or associated management or control as ourselves for marketing purposes or to provide you with new product information that we think may be of interest to you. You agree that we or our associates may communicate with you by telephone, email, fax, or by post to advise you of new products or services that we or our associates may offer. You understand that your data may be transmitted and stored overseas (including outside the European Union) as part of these processes.
C. You may amend any information provided to us as part of registration on the Website at any time.
3.13 Service Access
A. While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
B. Access to the 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.
3.14 Terminating the use of the Website
A. We may withdraw or suspend your right to access or use the Website at any time, without prior notice and without providing any reason.
A. No waiver by us (whether express or implied) in enforcing any of our rights shall prejudice our right to enforce such rights in the future
A. If any provision of these General terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected
B. In the event of there being any conflict between these General Terms and Conditions and the Specific Terms and Conditions that apply specifically to the purchase of certain goods or services through the Website, the Specific terms and Conditions shall prevail.
C. No person who is not a direct a party to any agreement covered by these General Terms and conditions shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
D. Where you are a consumer, you have the right to cancel and contract for the provision of goods or services, by notice in writing, at any time before seven working days have passed from the day after the contract was made. If, however, we have started to perform our side of the contract before you exercise your right to cancel, then the right to cancel is lost.
A. This clause applies where these General Terms and Conditions or the Specific Terms and Conditions provide expressly or by implication for the service of notices.
B. any notice required to be given under our Agreement with you or in connection with the matters contemplated by it shall, except where otherwise specifically provided, be in writing in the English language.
C. Any such notice shall be addressed to the usual business address of the other party and may be:
D. personally delivered, in which case it shall be deemed to have been given upon delivery at the relevant address if it is delivered not later than 17.00 hours on a Business Day, or, if it is delivered later than 17.00 hours on a Business Day or at any time on a day which is not a Business Day, at 08.00 hours on the next Business Day; or
E. if within the United Kingdom, sent by first class pre-paid post, in which case it shall be deemed to have been given two Business Days after the date of posting; or
F. if from or to any place outside the United Kingdom, sent by pre-paid airmail, or by air courier in which case it shall be deemed to have been given seven Business Days after the date of posting in the case of airmail or two Business Days after delivery to the courier, in the case of air courier;
G. sent by facsimile, in which case it shall be deemed to have been given when despatched, subject to confirmation of uninterrupted transmission by a transmission report provided that any notice despatched by facsimile after 17.00 hours on any Business Day or at any time on a day which is not a Business Day shall be deemed to have been given at 08.00 on the next Business Day; or
H. sent by electronic mail, in which case, it shall be deemed to be given when received but subject to the same provisions regarding receipt after 17.00 hours as apply to notices sent by Facsimile.
3.18 Governing law and Jurisdiction
A. Your use of the Website and the purchase of any products or services from it are governed in accordance with the laws of England and Wales.
B. The English courts shall have exclusive jurisdiction over any dispute or difference whatsoever arising out of or in connection with your use of the web site or the purchase of any products or services from it.
4.1 These Specific Terms and Conditions are applicable to transactions made through the Made Simple Group Limited - Company Searches Made Simple website at www.companysearchesmadesimple.com and subsidiary pages. This Agreement shall be in force for the term of 12 months from the date of your first purchase and shall continue in effect as amended from time to time, including pursuant to Clause 4.6, unless terminated by either party by not less than 45 days prior notice to the other.
A. Made Simple Group and Company Searches Made Simple, we, us or ourselves means the Made Simple Group Limited (registered number 04214713) whose registered office is at 20-22 Wenlock Road, London, N1 7GU, and for the purposes of these Specific Terms and Conditions includes any subsidiary or holding company or any associated company of the Made Simple Group Limited.
B. Terms means the General terms and Conditions of Made Simple Group Limited and these Specific Terms and Conditions for the purposes of the Companies Searches Made Simple Website which constitute an agreement between you, the customer (you) and Made Simple Group Limited regarding the use of the Company Searches Made Simple service.
A. All orders that you place through this Website are deemed to be an offer by you to purchase the products or services that we supply subject to these Terms and are subject to acceptance of the order by ourselves. We may choose not to accept any order without providing a reason.
B. You are presented with a range of choices during the ordering process. It is your responsibility to ensure that you read and understand these choices before you proceed with any purchase. Please contact us during usual UK office hours if you are unsure about anything before you proceed with a purchase (please note that while we endeavour to respond to enquiries promptly, we cannot guarantee to do so). It remains your responsibility to take advice about the product you intend to order before the order is placed.
C. In making any order, you agree to abide by all laws & regulations applicable to your use of the service and notwithstanding any other provision of the Terms to comply in all respects in the Data Protection Act 1998, including obtaining consent before searching an individual (if applicable).
4.4 What you receive
A. Company Searches Made Simple provides company credit reports and company monitoring services relationg to British registered companies and other British registered legal entities using third party databases which acquire and retain materials, including publicly available materials required to be filed in connection with registered companies and other registered legal entities constituted under English and Welsh or Scottish law. We rely upon third party data and services in providing to you the information requested by you. All information is supplied on the basis that it is as is and without warranties of any kind whatsoever, whether express or implied as to accuracy or completeness.
B. You will receive the reports that we describe on the Products and Pricing in the format and with the layout and contents indicated for the service level requested in the specimen search, use this link to access this page and view a specimen search.
C. We and any third party suppliers may take steps to assist identification of our/their information and materials including (without limitation) data encryption, addition of dummy records or any other technical or other method we or they consider necessary or appropriate.
4.5 Services not included in product purchased by you from us online
A. For the avoidance of doubt and without limitation, our products do not include any of the following in respect of any of the packages we offer for sale online:
1. Accountancy or any other advisory or analytical services of any kind whatsoever in relation to any of the search materials or subject matter.
2. Any advice on the suitability or adequacy of any search or searches you may undertake for any purpose or purposes whatsoever.
B. You are strongly advised to seek appropriate independent analysis and/or advice from appropriately qualified solicitors, accountants or other advisers in relation to contents of any searches made and the suitability of any course of action you may take or refrain from taking based in whole or in part upon such search results.
4.6 Price of goods and Services
A. The price for any goods or services that you purchase from us is as set out under the option you select and unless otherwise stated, all prices exclude VAT at the prevailing rate.
B. The total purchase price, including VAT, if any, will be displayed in your shopping cart prior to confirming the order.
C. We reserve the right periodically to update the prices on the Website and to add to, amend, or withdraw the products and services that we offer, without prior notice. Every effort is made to ensure that the prices are correct, but in the event of serious error, any transaction shall be voidable by us and you would then be entitled to a full refund.
D. All single report products and packaged products, as well as Monitoring product customers should note that their discounted, prepaid package of reports must be used within the period of one year from the date of their purchase of it and any unused credit cannot be carried forward. After the expiry this period it will be necessary to purchase another package to continue to use the service. If within any period of one year the maximum prepaid services are used the customer can either purchase an additional package or packages or purchase searches on an ad hoc basis, they will be charged for them at the then current price.
E. We shall not be liable to anyone for withdrawing or amending any of the products we sell, or for refusing or failing to process an order.
4.7 Incorporation of General Terms and Conditions
A. These Specific Terms and Conditions must be read together with the General Terms and Conditions above. The General Terms and conditions apply to any agreement between us and to your use of the Website generally, including for the avoidance of doubt, Clause 3.18, the jurisdiction and governing law clause.
4.8 Refund Policy
A. If a report has been ordered but not received by the customer and the customer advises us that this is the case then provided non-receipt is due to a failure in delivery on our part and the customer wishes a refund then the customer will be refunded the cost of the report or, in the case of Packaged product customers, a pro rata credit of the amount charged to them for the report in question. No other refunds will be made.
4.9 Delivery Terms
A. All purchased items are digital products available instantly on the company website (within My Account). Reports and documents can also be downloaded in PDF format via the company website. The company tracker service is provided digitally, sent using emails via the company website.
4.10 County Court Judgements
A. The Made Simple Group of companies acknowledges that the CCJ information displayed within their product is provided by Creditsafe Business Solutions Limited under a sublicense agreement with Registry Trust Limited.