WEBSITE TERMS & CONDITIONS

Last updated 24 May 2018.

THESE TERMS OF USE APPLY TO ALL USE OF THE WEBSITE. BY CONTINUING TO USE THE WEBSITE YOU ARE INDICATING YOUR ACCEPTANCE OF THEM.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These Terms and Conditions of use (together with the various documents referred to in them) set out the terms of use on which you may make use of our website www.smab.co.uk (the “Website”). Use of the Website includes accessing it, perusing it, or using any of the functionality offered via it.

Please read these Terms and Conditions of use carefully before you start to use the Website as they represent a binding legal agreement and you will be bound by them. We recommend that you print a copy of these terms for future reference.

By using the Website, you confirm that you accept these Terms and Conditions of use and that you agree to comply with them.

If you do not agree to these Terms and Conditions of use, you must not use the Website.

Other Applicable Terms & Policies

The following additional terms also apply to your use of the Website:
• Our Privacy Policy , which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
• Our Cookie Policy , which sets out information about the cookies on the Website.

Information about the owner of the Website

The Website is operated by Simons Muirhead & Burton LLP (“We”, “Us” or “SM&B”). We are registered in England and Wales under company number OC404188 and have our registered office at 8-9 Frith Street, London, W1D 3JB. You can contact us by telephoning us as +44 (0) 20 3206 2800 or by writing to us at info@smab.co.uk.

Changes to these Terms & Conditions

Please note that we reserve the right to revise or amend these terms at any time to reflect changes to our business or changes in the law. Please note it is your responsibility to check these terms for changes before each use of the Website.

Your Responsibilities

When using this Website (and our online communications infrastructure including any enquiry forms that we may offer users or add in the future on this Website) you agree:

that any information you submit is accurate and truthful and that you will keep this information accurate and up to date;

• not to impersonal other people, particularly employees and representatives of SM&B or our affiliates;

• not use obscene or vulgar language;

• not to submit information or content that is unlawful or otherwise objectionable including, but not limited to, content that is defamatory, abusive, offensive, racist, sexist, homophobic, threatening, vulgar, obscene, hateful, content which promotes or incites violence or is otherwise inappropriate;

• to refrain from using our Website and online communications systems for unauthorised mass-communication such as “spam” or “junk email”; and

to only use this Website for lawful purposes;

Statements on this Website

Nothing on the Website is, or should be taken as, legal advice or any other form of professional advice. None of the statements or articles featured on the Website should be relied upon when taking decisions of any kind, as they do not represent specific advice particular to your situation.

Intellectual Property

SM&B is the owner and/or the licensee of all intellectual property rights inherent in the Website, and in the material published on it including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software. Unless specifically stated otherwise, nothing in these terms or on the Website shall give effect to any transfer of such intellectual property rights from us to you.

Your sole right to use the intellectual property inherent in the Website is a non-exclusive licence to make use of such content only as is strictly necessary to enable you to access the

Website and to peruse its contents.

You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Monitoring

SM&B reserves the right to monitor any and all communications made to us or using our Website or our online communications infrastructure.

We may temporarily or permanently deny any user’s access to this Website without reason or notice.

We may refer any matter to a law enforcement agency or Court of competent jurisdiction where we consider a matter is of a criminal or unlawful nature.

Indemnity

You acknowledge that if you breach any of these terms and conditions you may be personally liable to any third party that suffers harm as a result.

You agree to indemnify and keep indemnified SM&B, our successors and assigns, our directors, trustees, offices, employees and agents from and against all liabilities, claims, losses, costs, damages and expenses including legal fees which are reasonably incurred by us should you breach any of these Terms and Conditions.

This indemnity includes your use of the information you read on this Website, together with any introduction or collaboration that you enter into as a result of viewing this Website.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

SM&B makes no warranty or representation that the Website will meet your requirements, that it will be free of defects and/or faults, that it will be of satisfactory quality, that it will be fit for a particular purpose, or that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information will be accurate. We make no guarantee of any specific results from the use of our Services.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, the Website; or
• use of or reliance on any content displayed on the Website.
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

No part of the Website is intended to constitute a contractual offer capable of acceptance. No goods and/or services are sold through this Website and product and/or service details are provided for information purposes only.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content from it, or from any website linked to it.

Viruses

We do not guarantee that the Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

Linking to the Website

You may link to our home page www.smab.co.uk without prior permission, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Website in any website that is not owned by you.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.

We reserve the right to withdraw linking permission without notice.

Third party website links & resources in the Website

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

We assume no responsibility for the content of websites linked to from the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

If you do link from the Website to other websites, your use thereof will also be subject to those websites’ terms and conditions.

General

Previous Terms and Conditions. In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

No waiver. In the event that any party to these Terms and Condition fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Notices. All notices/communications shall be given to us by post to our Premises (see address below) or by email to info@smab.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

Applicable law. Please note that these Terms and Conditions of use, and their subject matter are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any disputes. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Terms and Conditions of use and their subject matter (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact Us

You can write to us at our registered office at Simons Muirhead & Burton LLP, 8-9 Frith Street, London, W1D 3JB. Alternatively, please email us at info@smab.co.uk.