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LLP
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legal and regulatory information Stuart Malcolm LLP is a limited liability partnership registered in England and Wales with registered number OC346191 and having its registered office at The Dairy, Chilswell Farm, Boars Hill, Oxford, OX1 5EP, England. The word ‘partner’ in relation to Stuart Malcolm LLP refers to a member of Stuart Malcolm LLP. A list of members’ names is available for inspection at the registered office. Responsibility for regulation and complaints is handled independently by the Solicitors Regulation Authority and the Legal Complaints Service. Stuart Malcolm LLP is registered with the Solicitors Regulation Authority under number 519546. A copy of the Solicitors’ Code of Conduct 2007, which sets out the rules of professional conduct which apply to solicitors, is available on the Solicitors Regulation Authority’s website, www.sra.org.uk. Stuart Malcolm LLP is not authorised by the Financial Services Authority but is able in certain circumstances to offer a limited range of investment services to clients because it is a member of the Law Society and is regulated by the Solicitors Regulation Authority. Stuart Malcolm LLP is permitted to provide services relating to investments which are limited to that incidental to its legal services or which may be reasonably regarded as a necessary part of its legal services. Stuart Malcolm LLP is registered for VAT purposes.
terms and conditions This World Wide Web site (‘Site’) is published by Stuart Malcolm LLP. Your use of the Site is subject to the terms and conditions (‘Terms and Conditions’) set out below and by using the Site you agree to be bound by these Terms and Conditions. Please read these Terms and Conditions carefully before accessing any other pages in the Site. Your use of the Site is conditional upon your acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, please leave the Site immediately Reference in this Site to ‘the firm’, ‘the practice’, ‘we’, ‘us’ or ‘our’ should be read as referring to Stuart Malcolm LLP. 1.
Intellectual Property
1.1
The intellectual property rights (including but not limited to copyright and database rights) in the material, information and computer files on the Site (‘Materials’) are owned by, or are licensed to, Stuart Malcolm LLP. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights, or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these Terms and Conditions.
www.stuartmalcolmllp.com t: + 44 (0)1865 601 240 • f: + 44 (0)1865 601 241 • e: contact@stuartmalcolmllp.com
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You may copy any Materials to the extent necessary to view the Site and to print pages of the Site using normal browsing software. You may not modify, distribute or reproduce the Materials in any manner and for any other use without the prior written consent of Stuart Malcolm LLP.
1.3
Names, word, titles, phrases, logos, icons, graphics or designs in the pages of the Site may constitute trade names or unregistered trade marks of Stuart Malcolm LLP. All other product or company names and devices, logos, icons, graphics or designs referred to on the pages of the Site are the trade marks of their respective owners and are exhibited only in such a manner as is intended to be for the benefit of such trade mark owners and Stuart Malcolm LLP intends no infringement of such trade marks. The appearance or absence of product, services, companies, organisations, home pages or other websites on the Site does not imply any endorsement or non-endorsement thereof by Stuart Malcolm LLP.
1.4
You may not remove any product identification, copyright notices or other notices from the Materials or any copies of the Materials which you may have made or printed for your own personal use.
1.5
Any unauthorised downloading, use, copying, modification or distribution of the Materials may be in breach of statutory or common law rights which could be the subject of legal action.
1.6
All rights not expressly granted are reserved by Stuart Malcolm LLP.
2.
Links
2.1
If you wish to provide a link to the Site this must be to Stuart Malcolm LLP’s homepage which is currently at: www.stuartmalcolmllp.com. You are not permitted to frame, page-jack or link to any other page of the Site. You are not permitted to use any robot, spider, other automatic device or manual process to monitor or copy the Site or the content expressed herein.
2.2
The Site may include links to World Wide Web sites operated by third parties (‘Third Party Sites’). Links to Third Party Sites are provided for your convenience only. Stuart Malcolm LLP is not responsible for the management and control of Third Party Sites and does not necessarily endorse, support or recommend the views expressed in such Third Party Sites.
3.
Privacy Policy
3.1
By using the Site you consent to the terms and conditions of Stuart Malcolm LLP’s Privacy Policy which is incorporated into these Terms and Conditions.
4.
Accuracy of the Site and Liability Issues
4.1
Stuart Malcolm LLP reserves the right, at any time, to change the Site, the Materials and the terms and conditions which apply to the use of the Site.
4.2
The Site is intended for users in the United Kingdom and may not be applicable to other jurisdictions. Stuart Malcolm LLP excludes to the fullest extent permitted by applicable law all liability (other than liability for death or personal injury) resulting from access and/or use of the Site or the Materials from outside the United Kingdom.
www.stuartmalcolmllp.com t: + 44 (0)1865 601 240 • f: + 44 (0)1865 601 241 • e: contact@stuartmalcolmllp.com
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The Site and the Materials are provided on an ‘as is’ basis. Stuart Malcolm LLP excludes to the fullest extent permitted by applicable law all implied warranties, implied representations, and implied terms and conditions relating to the Site and the Materials.
4.4
No reliance should be placed on any of the statements made within the Site (other than these Terms and Conditions), the Materials or any Third Party Sites. Stuart Malcolm LLP excludes to the fullest extent permitted applicable by law all liability (other than liability for death or personal injury) resulting from any such reliance.
4.5
Notwithstanding the generality of the foregoing, Stuart Malcolm LLP excludes to the fullest extent permitted by applicable law all liability (other than liability for death or personal injury) resulting from your access to and/or use of the Site, the Materials or any Third Party Sites.
4.6
Stuart Malcolm LLP shall have no liability to you for any indirect or consequential loss or for any loss of revenue, loss of profits, loss of contracts, loss of customers, loss of business opportunities, loss of employees, loss of data, loss of goodwill, work stoppage or loss of anticipated savings, which may arise from your access to and/or use of the Site, the Materials or any third Party Sites.
5.
Computer Viruses
5.1
Stuart Malcolm LLP will use reasonable endeavours to ensure that neither the Site nor the Materials contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all Materials downloaded from the Site and regularly check your computer for the presence of viruses and other malicious code.
5.2
Stuart Malcolm LLP excludes to the fullest extent permitted by applicable law all liability (other than liability for death or personal injury) in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Site or any Third Party Sites.
6.
Indemnity
6.1
You will indemnify Stuart Malcolm LLP against all costs, expenses (including but not limited to reasonable legal costs and disbursements), losses and damages arising from or incurred by reason of any claims, demands or actions that arise as a result of your breach of these Terms and Conditions.
7.
Jurisdiction
7.1
You agree that these Terms and Conditions shall be governed by and construed in accordance with the laws of England. You agree that in any contract formed hereby the place of performance will be England. You agree that the English courts shall determine, and shall have exclusive jurisdiction in respect of, any disputes relating to your access to and use of the Site.
www.stuartmalcolmllp.com t: + 44 (0)1865 601 240 • f: + 44 (0)1865 601 241 • e: contact@stuartmalcolmllp.com
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You are responsible for compliance with any applicable laws of the country from which you are accessing the Site.
8.
Severability
8.1
If any court of competent jurisdiction finds any provision of these Terms and Conditions to be void or unenforceable for any reason, such provision shall be ineffective to the extent of the courts finding without affecting the validity and enforceability of any remaining provisions.
If you have any questions concerning these Terms and Conditions please contact: contact@stuartmalcolmllp.com.
privacy policy It is the stated policy of Stuart Malcolm LLP that it will act in accordance with current legislation and aim to meet current best practice with regard to the processing of personal data. 1.1
Stuart Malcolm LLP will not collect any personal data about you (that is, your name, address, telephone number, e-mail address or other data from which you can be identified) (‘Personal Data’) through the Site unless you provide it voluntarily. All Personal Data collected through the Site will be processed in accordance with United Kingdom data protection law. In the United Kingdom data protection law is enforced by the Information Commissioner’s Office pursuant to the Data Protection Act 1998. Stuart Malcolm LLP is registered as a data controller in the United Kingdom with the Information Commissioner’s Office.
1.2
At the time of collection of any Personal Data, Stuart Malcolm LLP will seek your consent to various acts in relation to the Personal Data, e.g. using the Personal Data to provide you with information, know-how or regarding seminars etc. Stuart Malcolm LLP may also subsequently contact you to seek your consent in relation to other proposed uses of the Personal Data, e.g. passing it to a third party for marketing purposes. Stuart Malcolm LLP will only use or process such Personal Data (a) for the purpose for which it was originally submitted by you; or (b) for another purpose to which you have expressly consented.
1.3
If you do not want your Personal Data collected, please do not submit it. If you have already submitted Personal Data and would like it removed from any records held by Stuart Malcolm LLP, please email the address listed in clause 1.8 below. Stuart Malcolm LLP will then use reasonable efforts to delete your information from its records.
1.4
Stuart Malcolm LLP may pass Personal Data collected through the Site to persons providing services to Stuart Malcolm LLP. However, in these cases Stuart Malcolm LLP will ensure that the provider of services only processes that Personal Data for and on behalf of Stuart Malcolm LLP and only to the extent necessary to provide the services.
www.stuartmalcolmllp.com t: + 44 (0)1865 601 240 • f: + 44 (0)1865 601 241 • e: contact@stuartmalcolmllp.com
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In some cases, Stuart Malcolm LLP may collect information about you that may not be Personal Data. Examples of this type of information include the type of Internet browser you are using, the type of computer operating system you are using, and the domain name of the web site from which you linked to the Site.
1.6
When you view the Site some information may be stored on your computer. This information will be in the form of a ‘cookie’ or similar file and will help Stuart Malcolm LLP to enhance the ease of use of the Site. For example, cookies allow the Site to be tailored to better match your interests and preferences. You can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored by configuring your Internet browser software. Please refer to your Internet browser instructions or help screen to learn more about these functions.
1.7
Under UK data protection law you have the right to see a copy of the Personal Data held by Stuart Malcolm LLP (‘subject access’). If you require such subject access please email the address in clause 1.8 below. Please note there may be a charge for such subject access. At present the maximum charge is £10.
1.8
If you have submitted Personal Data through the Site and would either (a) like that information deleted from the records held by Stuart Malcolm LLP; or (b) require Personal Data which Stuart Malcolm LLP holds about you to be updated/corrected, please contact: privacy@stuartmalcolmllp.com. Stuart Malcolm LLP will use reasonable efforts to delete/correct this information from its existing files and to inform any third party to whom it has passed such data.
1.9
Please note that Stuart Malcolm will take reasonable and appropriate measures to ensure that Personal Data is stored in a secure manner. However, the Internet is inherently insecure and Personal Data submitted by means of the Internet may be vulnerable to unauthorised access by third parties. Submission of Personal Data using the Internet is at your own risk.
1.10
The terms of this Privacy Policy is expressly incorporated into the Terms and Conditions.
LLP
stuart{malcolm} the dairy, CHILSWELL FARM, BOARS HILL, OXFORD, OX1 5EP, england
t: +44 (0)1865 601 240 • f: +44 (0)1865 601 241
e: contact@stuartmalcolmllp.com