Terms of Use

Application

These Terms of Use govern access to and use of the website operated by Belgrave & Rothford (“B&R”, “we”, “us” or “our”) at bradvisory.co, including all content, functionality and services made available through the website.

By accessing or using the website, you acknowledge that you have read and understood these Terms of Use and agree to comply with them. If you do not agree to these Terms of Use, you must not use the website.

These Terms of Use apply to website use only. They do not constitute terms of engagement, a service agreement, a client agreement or any other contract for the provision of professional or commercial services. Any services provided by B&R shall be subject to separate written terms agreed between the relevant parties.

Where a person uses the website on behalf of a company, partnership, organisation or other legal person, that person confirms that they have authority to bind that entity to these Terms of Use.

Status of information

The content published on the website is provided for general information only. It is not intended to constitute legal, financial, investment, tax, accounting, regulatory or other professional advice, and it must not be relied upon as a substitute for advice relating to a particular circumstance.

No information published on the website constitutes an offer, invitation, recommendation, representation, warranty or commitment to provide services, enter into a transaction, introduce a party, secure an opportunity or achieve a particular commercial result.

The content of the website may not address the circumstances of a particular person or organisation. No person should act or refrain from acting in reliance upon website content without obtaining appropriate professional advice.

The publication of information on the website does not create a client relationship, fiduciary relationship, agency relationship, partnership, joint venture or other relationship between B&R and any visitor.

Access to the website

B&R does not guarantee that the website, or any part of it, will always be available, uninterrupted, secure or free from errors, defects, viruses or other harmful components.

B&R may suspend, withdraw, discontinue, alter or restrict access to the website or any part of it without notice where this is reasonably necessary for maintenance, security, operational, legal or commercial reasons.

B&R shall not be responsible for any loss, damage or inconvenience arising from the unavailability, interruption, alteration or withdrawal of the website, except to the extent that liability cannot lawfully be excluded or limited.

You are responsible for obtaining and maintaining the equipment, software, telecommunications connection and other arrangements necessary to access the website.

Permitted use

You may access and use the website for lawful purposes and in accordance with these Terms of Use.

You must not use the website:

In breach of any applicable law or regulation.

For any fraudulent, unlawful, abusive, threatening or deceptive purpose.

To obtain unauthorised access to the website, its systems, servers, accounts or data.

To introduce, transmit or distribute viruses, malware, spyware, ransomware or other harmful material.

To interfere with the operation, security or integrity of the website.

To attempt to circumvent security controls or access restrictions.

To collect, harvest, scrape, copy or extract information by automated means without B&R’s prior written consent.

To impersonate another person or misrepresent your identity, authority or affiliation.

To use the website to send unsolicited communications or distribute promotional material.

To upload, transmit or submit material that is unlawful, defamatory, obscene, discriminatory, threatening, infringing or otherwise objectionable.

To use the website or its content for the purpose of developing, training, testing or operating a competing service without B&R’s prior written consent.

To encourage or assist another person to do any of the foregoing.

B&R reserves the right to restrict or suspend access where it reasonably believes that these Terms of Use have been breached or that use of the website may cause loss, damage, security risk or legal exposure.

Intellectual property rights

Unless expressly stated otherwise, all intellectual property rights in the website and its contents belong to B&R or are used by B&R under licence.

This includes rights in the website structure, design, layout, text, written material, graphics, photographs, video, audio, branding, trade marks, logos, illustrations, databases, compilations, documents and other materials published through the website.

Those rights are protected by applicable intellectual property laws, including the Copyright, Designs and Patents Act 1988, the Trade Marks Act 1994 and corresponding international laws.

Subject to these Terms of Use, B&R grants you a limited, non-exclusive, non-transferable and revocable permission to access and view the website for your own lawful, non-commercial information purposes.

You must not reproduce, modify, adapt, publish, transmit, distribute, licence, sell, create derivative works from, publicly display, commercially exploit or otherwise use any website content without B&R’s prior written consent, except where such use is expressly permitted by law.

Any permitted quotation must be accurate, proportionate and accompanied by appropriate acknowledgement. It must not imply endorsement, association, sponsorship or approval by B&R.

Nothing in these Terms of Use transfers or assigns any intellectual property rights to you.

Trade marks and branding

Belgrave & Rothford, together with any associated names, logos, marks, design elements and brand material, may constitute trade marks or unregistered marks belonging to B&R or its licensors.

No licence or right to use any such mark is granted by these Terms of Use. You must not use any B&R mark without prior written permission.

Third-party material and websites

The website may contain references to, embedded material from, or links to third-party websites, services, platforms or information.

Such references are provided for convenience or information only. B&R does not control, operate or endorse third-party websites or services and is not responsible for their availability, content, accuracy, security, privacy practices, terms or performance.

Your use of a third-party website or service is subject to the terms and policies imposed by the relevant third party. B&R shall not be liable for any loss, damage or other consequence arising from your access to or use of a third-party website, service or platform.

Contact-form submissions

Information submitted through the website contact form must be accurate and must not contain material that is unlawful, misleading, defamatory, confidential in breach of a duty owed to another person, or infringing of any third-party rights.

You must not submit confidential, privileged, sensitive or commercially restricted information unless it is necessary for your enquiry and you are satisfied that the contact method is appropriate for that purpose.

Submission of an enquiry does not oblige B&R to respond, provide services, enter into an engagement, maintain confidentiality beyond any applicable legal obligation, or retain the information for any particular period.

Personal data submitted through the website is processed in accordance with the B&R Privacy Notice published at bradvisory.co/privacy.

Information supplied by users

You retain ownership of material that you submit to B&R through the website, subject to the rights necessary for B&R to receive, review, store, process and respond to that material.

By submitting material, you confirm that:

You have the right and authority to submit it.

Its submission and use by B&R will not breach any law, contract, duty of confidentiality or third-party right.

It does not contain unlawful, defamatory, discriminatory, obscene, threatening or malicious material.

It does not knowingly contain a virus or other harmful code.

You grant B&R a non-exclusive, worldwide, royalty-free right to use, reproduce, store and process submitted material to the extent reasonably necessary to administer the enquiry, assess the request, provide a response, protect B&R’s rights or comply with legal obligations.

B&R shall process personal data in accordance with its Privacy Notice.

Accuracy of content

B&R takes reasonable care in preparing website content but does not warrant that the content is complete, accurate, current or free from error.

Website content may be changed, corrected, removed or updated without notice. B&R does not undertake to update content by a particular date or to correct every error or omission.

Any reliance placed upon website content is at your own risk.

Confidentiality

Information submitted through the website is not necessarily received through a secure or privileged communication channel.

Submission of information does not, by itself, create a duty of confidentiality, legal professional privilege, adviser-client privilege or any other duty of confidence, unless such a duty arises independently under a separate written agreement or applicable law.

You remain responsible for ensuring that information submitted to B&R is appropriate for the method of transmission used.

No warranties

To the fullest extent permitted by law, the website and its content are provided on an “as is” and “as available” basis.

B&R excludes all warranties, conditions, representations and other terms, whether express, implied, statutory or otherwise, that may apply to the website or its content, including implied terms concerning satisfactory quality, fitness for a particular purpose, non-infringement, availability, accuracy or suitability.

Nothing in these Terms of Use excludes or limits any warranty, condition, representation, right or remedy that cannot lawfully be excluded or limited.

Limitation of liability

Nothing in these Terms of Use excludes or limits liability for:

Death or personal injury caused by negligence.

Fraud or fraudulent misrepresentation.

Deliberate misconduct.

Breach of any obligation that cannot lawfully be excluded or limited.

Any other liability that cannot lawfully be excluded or limited.

Subject to the preceding paragraph, B&R shall not be liable for any indirect, consequential or special loss, loss of profit, revenue, business, opportunity, anticipated saving, goodwill, reputation, data or use, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, even if the possibility of such loss was reasonably foreseeable.

Subject to the limits stated above, B&R shall not be liable for loss or damage arising from:

Reliance upon website content.

The unavailability or interruption of the website.

Viruses, malware or other harmful material.

Unauthorised access to systems or data.

Third-party websites, platforms, content or services.

Information submitted by another user.

The failure of a user to maintain the confidentiality or security of their own systems or information.

Where you are acting in the course of a business, B&R’s aggregate liability arising out of or in connection with your use of the website shall not exceed £100, except where a higher liability is required by law.

Where you are a consumer, nothing in these Terms of Use affects your statutory rights under applicable consumer protection legislation. Any limitation or exclusion shall apply only to the extent permitted by law.

Consumers

If you use the website as a consumer, nothing in these Terms of Use is intended to exclude or restrict rights conferred upon you by the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Unfair Contract Terms Act 1977 or any other mandatory consumer protection legislation.

Any term that is unfair, insufficiently transparent or otherwise unenforceable against a consumer shall apply only to the minimum extent permitted by law, and the remainder of these Terms of Use shall continue in force.

These Terms of Use do not constitute terms for the sale of goods, digital content or services to a consumer. Any such transaction shall be governed by separate terms provided before the relevant contract is formed.

Indemnity

You shall be responsible for any loss, damage, liability, cost or expense reasonably incurred by B&R arising from your breach of these Terms of Use, your misuse of the website, your violation of applicable law, or your infringement of the rights of B&R or any third party.

This clause shall not apply to the extent that the relevant loss or liability was caused by B&R’s own negligence, wilful misconduct or breach of applicable law, and shall not impose any liability that cannot lawfully be imposed upon a consumer.

Suspension and termination

B&R may suspend or terminate your access to the website without notice where it reasonably considers that you have breached these Terms of Use, that continued access presents a security or legal risk, or that suspension is necessary for operational, maintenance or regulatory reasons.

Termination or suspension shall not affect any rights, obligations or liabilities accrued before the date of suspension or termination.

Provisions concerning intellectual property, confidentiality, liability, indemnity, governing law and jurisdiction shall survive termination to the extent necessary to give them effect.

Changes to these Terms

B&R may amend these Terms of Use from time to time. The current version will be published at bradvisory.co and will take effect from the date stated at the beginning of the amended version.

Your continued use of the website after the effective date of amended Terms of Use constitutes acceptance of the amended terms. If you do not accept an amendment, you must cease using the website.

Severance

If any provision of these Terms of Use is found by a court or competent authority to be invalid, unlawful or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

If modification is not possible, the relevant provision shall be severed. The remaining provisions shall continue in full force and effect.

Waiver

A failure or delay by B&R in exercising any right or remedy under these Terms of Use shall not constitute a waiver of that right or remedy.

A waiver shall be effective only if given in writing and shall apply only to the specific circumstance for which it is given.

Entire agreement

These Terms of Use, together with the Privacy Notice and any documents expressly incorporated by reference, constitute the entire agreement between you and B&R concerning your use of the website.

They supersede any prior understanding, representation or arrangement concerning website access and use, except in respect of fraudulent misrepresentation or any matter that cannot lawfully be excluded.

No third-party rights

Unless expressly stated otherwise, a person who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of them.

Governing law and jurisdiction

These Terms of Use and any non-contractual obligations arising from or in connection with them shall be governed by the law of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction in relation to any dispute or claim arising out of or in connection with these Terms of Use, subject to any mandatory jurisdictional rights available to a consumer or other protected person under applicable law.