Terms and Conditions

WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

What's in these terms?

These terms of use (the “Terms”) tell you the rules for using our website, https://www.hewlettswanson.com (our “Site").

1.       Who we are and how to contact us 1.1     Our Site is a website operated by Hewlett Swanson Limited t/a Hewlett Swanson ("Hewlett Swanson", "We", "Us" or "Our"). We are a limited           company registered in England and Wales under company number 07841081 and have our registered office at Centurion House, 129 Deansgate,           Manchester M3 3WR. Our VAT number is 179466553. 1.2     We are regulated by the Solicitors Regulation Authority with SRA Registration Number 566530. 1.3     We are not authorised under the Financial Services and Markets Act 2000; but, in certain circumstances, we are able to offer a limited range of           investment services to clients because we are members of the Law Society. We can provide these investment services if they are an incidental part of           the professional services which we have been engaged to provide. 1.4     To contact us, please email info@hewlettswanson.com or telephone us on +44 (0)161 312 5000. 1.5     By using our Site, you confirm that you accept these Terms and that you agree to comply with them. 1.6     If you do not agree to these Terms, you must not use our Site. 1.7     We recommend that you print a copy of these Terms for future reference. 2.       There are other terms that may apply to you 2.1     These Terms refer to the following additional terms, which also apply to your use of our Site:      2.1.1     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. By using our                   Site, you consent to such processing and you warrant that all data provided by you is accurate; and      2.1.2     our Cookie Policy, which sets out information about the cookies on our Site. 3.       We may make changes to these Terms and our Site 3.1     We amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the Terms that           apply at that time. 3.2     We may update and change our Site from time to time to reflect changes to our services, our users' needs and our business priorities. 3.3     We may suspend or withdraw our Site. 3.4     Our Site is made available free of charge. 3.5     We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the           availability of all or any part of our Site for business and operational reasons. 3.6     You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other           applicable terms and conditions, and that they comply with them. 4.       How you may use material on our Site 4.1     We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by           copyright laws. All our rights are reserved. © Hewlett Swanson 2016. 4.2     Unless otherwise stated, all rights, including copyright and database rights, in our Site and its contents are owned by (or licensed to) us or otherwise           used by us as permitted by applicable law. 4.3     You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others           within your organisation to content posted on our Site. 4.4     You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations,           photographs, video or audio sequences or any graphics separately from any accompanying text. 4.5     Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged. 4.6     You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or (as applicable) our           licensors. 4.7     If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our           option, return or destroy any copies of the materials you have made. 5.       Do not rely on information on this Site 5.1     The content (including comments and any other materials) on our Site is provided for general information only. It is not intended to amount to advice           (whether legal, commercial or otherwise) on which you should rely. You must obtain professional or specialist advice before taking, or refraining from,           any action on the basis of the content on our Site. 5.2     Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express           or implied, that the content on our Site is accurate, complete or up to date. 6.       We are not responsible for websites we link to 6.1     Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links           should not be interpreted as approval by us of those linked websites or information you may obtain from them. 6.2     We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may be suffered           in connection with your use of them. 7.       User-generated content is not approved by us 7.1     This Site may include information and materials uploaded by other users of the Site, including to bulletin boards and chat rooms. This information and           these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. 7.2     If you wish to complain about information and materials uploaded to our Site by other users please contact us on [Hyperlink to clause 1.4]. 8.       Information about you and your visits to our Site We process information about you in accordance with our Privacy Policy. You consent to such processing and you warrant that all data provided by you is accurate. 9.       Emails 9.1     Email messages sent from users of our email systems have a legal disclaimer statement appended automatically. The disclaimer statement on each           email includes a hyperlink to the Site. 9.2     When addressed to our clients, any opinions or advice contained in any email and any attachments are subject to the governing client engagement           letter, our terms and conditions and/or related communications. Opinions, conclusions and other information in any email and any attachments           which do not relate to Hewlett Swanson are neither given nor endorsed by us. 9.3     The information in any email and any files transmitted with it is intended only for the person or entity to which it is addressed and may contain           confidential and/or privileged material. Any unauthorised review, retransmission, dissemination or other use of, or taking of any action in reliance           upon, this information by persons or entities other than the intended recipient is prohibited. If you received an email in error, please contact the           sender and delete the material from any computer and/or other electronic device. 9.4     We do not assure, warrant or guarantee the technical integrity of any communication. Emails sent to and from our email systems may be stored on           archive storage in accordance with our archiving policy. 9.5     We automatically monitor all inbound/outbound emails for viruses, profanity, offensive language, racist or sexual comments, virus hoaxes, chain-mail           and known spam mailers. We reserve the right to intercept, store, archive, delete or view such emails for security/audit purposes and where           necessary instigate appropriate proceedings against the parties involved. 9.6     We confirm that outbound emails have been swept by for the presence of computer viruses, but do not guarantee such messages to be virus-free. The           onus is on the receiving recipients to check they are virus-free. 10.     Our liability to you 10.1   We make no warranties except as set out in these Terms and to the extent permitted by applicable law all other expressed and implied warranties           and conditions are hereby excluded. To the extent permitted by applicable law, we exclude any liability arising out of access to or use of or           reliance on any information posted on or downloaded from this Site. 10.2   We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused           by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. 10.3   We will not be liable to you 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:      10.3.1     use of, or inability to use, our Site; or      10.3.2     use of or reliance on any content displayed on our Site. 10.4   In particular, we will not be liable for:      10.4.1     loss of profits, sales, business, or revenue;      10.4.2     business interruption;      10.4.3     loss of anticipated savings;      10.4.4     loss of business opportunity, goodwill or reputation; or      10.4.5     any indirect or consequential loss or damage. 11.    We are not responsible for viruses and you must not introduce them 11.1  We do not guarantee that our Site will be secure or free from bugs or viruses. 11.2  You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own           virus protection software. 11.3  You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically           harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database           connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this           provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 our           Site will cease immediately. 12.    Rules about linking to our Site 12.1   You may not link to our Site unless you obtain our prior written consent. If you wish to link to or make any use of content on our Site, please contact           info@hewlettswanson.com. 12.2   In the event our consent is provided under clause 12.1 above, you may link to the homepage of our Site, provided:      12.2.1     you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;      12.2.2     you do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;      12.2.3     you must not establish a link to our Site in any website that is not owned by you; and      12.2.4     our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. 12.3   We reserve the right to withdraw linking permission without notice. 13.    Acceptable use 13.1    You may use our Site only for lawful purposes. 13.2    You may not use our Site:      13.2.1    in any way that breaches any applicable local, national or international law or regulation;      13.2.2    in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;      13.2.3    for the purpose of harming or attempting to harm minors in any way;      13.2.4    to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards; and      13.2.5    to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar                     solicitation (spam). 13.3    You also agree:       13.3.1     not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms;       13.3.2     not to access without authority, interfere with, damage or disrupt:             13.3.2.1     any part of our Site;             13.3.2.2     any equipment or network on which our Site is stored;             13.3.2.3     any software used in the provision of our Site; or             13.3.2.4     any equipment or network or software owned or used by any third party. 14.       Anti-bribery and anti-corruption 14.1     Our approach to bribery and corruption is one of zero tolerance. Everyone within our organisation is required:      14.1.1     to comply with relevant anti-bribery laws and regulations;      14.1.2     to act honestly and with integrity at all times; and      14.1.3     must not offer or receive gifts and hospitality that could improperly influence, or be perceived to influence, business decision making. We will not                     directly or indirectly engage in bribery or corruption in any form. 14.2     We require all our business partners to have similar policies which apply to all matters involving us or our clients. 15.     Breach(es) of these Terms 15.1     We will determine, in our absolute discretion, whether there has been a breach of these Terms through your use of our Site.  When a breach of these            Terms has occurred, we may take such action as we deem appropriate. 15.2     A breach of these Terms may result in our taking all or any of the following actions:      15.2.1     immediate, temporary or permanent withdrawal of your right to use our Site;      15.2.2     immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;      15.2.3     issue of a warning to you;      15.2.4     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;      15.2.5     further legal action against you; and      15.2.6     disclosure of such information to law enforcement authorities as we reasonably feel is necessary. 15.3     We exclude liability for actions taken in response to breaches of these Terms.  The responses described in this policy are not limited, and we may take            any other action we reasonably deem appropriate. 16.       Severability Should any part of these Terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these Terms had been eliminated. 17.       Which country's laws apply to any disputes? 17.1      These Terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. 17.2      We both agree to the exclusive jurisdiction of the courts of England and Wales.