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Terms and Conditions

1. General
These Terms and Conditions (the "Terms") shall govern the relationship between us and you and shall prevail despite the existence of any printed or other conditions even if such conditions purport to take precedence. Please read them carefully.

References to "we", "us" and "our" are references to Separation Agreement.

The terms "you", "your", "member", "client" and "customer" refer to any individual, company or business to whom we provide our Services by any means including, but not limited to, telephone, face-to-face contact, postal correspondence, electronic mail or via our website www.separationagreement.co.uk hereon referred to as The Site.

We provide a general information and legal document service for individuals and businesses, referred to herein as "Service" or "Services".

2. Your Registration Details
The details provided by you at registration or the point of purchase are important and must be complete and correct. We will respect your personal information and comply with all applicable UK Data Protection legislation and rules currently in force.

We will use any information provided by you to us to constantly monitor and improve our services to you and for marketing purposes. We may also use such information to send specific correspondence which, in our opinion, may be of interest to you in accordance with our Privacy Policy.

You are responsible for all actions and activities that take place under your username and download code. If you believe someone may know your username and download code please contact us immediately to have it changed.

3. Information we provide
We provide information about business and business partnerships, in the form of, but not limited to research, statistics, forecasts, reports, herein referred to as "Information". We provide information obtained from a number of third party sources. Whilst we endeavour to provide accurate, up-to-date and complete Information we make no warranties or representations as to the accuracy, reliability or completeness or otherwise of the Information and assume no responsibility or liability for any omissions or errors contained in the Information. It is your responsibility to carry out research and to check any and all information supplied by us and any third parties.

4. Third Party Services We Recommend
We will endeavour to recommend useful business related information and services and other third parties ("Third Party" or "Third Parties") of good calibre, who offer a service or product deemed to be of good quality and reasonable cost. However, we make no warranties or representations as to the reliability of the services provided by Third Parties and assume no responsibility or liability for their actions, omissions or errors. If you make any arrangements with a Third Party found on or via The Site or recommended to you by us, it is at your sole risk and responsibility.

5. Confidentiality
Confidential information means all information relating to our clients and prospective clients and to our business affairs including any information of a confidential nature imparted by us to you during the use of our Services. You undertake to us that in consideration of us making such information available to you: i. All confidential information disclosed to you by or on behalf of us or which may at any time come into your knowledge, possession or control, shall be kept secret and confidential and shall not be used for any purpose other than that required or permitted for the use of our Services, and shall not be disclosed to any third party except insofar as this may be required for the proper use of our Services and then only under appropriate confidentiality provisions approved by us. ii. You shall promptly notify us if any Confidential Information is required by law to be disclosed by you or any other person receiving it under or pursuant to these Terms and shall co-operate with us regarding the manner of such disclosure (but without prejudice to any obligation to comply with any legal requirement).

6. Intellectual Property
All design, copyright, trade marks and all other intellectual property rights in or relating to The Site or information otherwise distributed by us, shall remain our property or, where applicable, are reproduced with the permission of the rights' owner, such as content suppliers, Third Parties and/or users. On the Site you may browse the contents, use any facilities and download copies of any material to the extent that it is expressly made available to you, but this is solely for your own personal use and you must not remove any copyright or trademark notices. You may not modify, reproduce, distribute, republish, display, post, transmit or sell any such material for any commercial or business purpose, without our prior permission or the permission of the rights' owner.

7. Liability
You agree and acknowledge that to the extent permitted by law, and in view of the numerous sources from which we obtain the Information, the impracticality of verifying the sources, and the nature of electronic distribution, that:
i. We are providing Information "as is", on an "with all faults" basis and we make no representations or warranties of any kind with respect to:
a. The Site and content contained on the Site;
b. The truth, accuracy, or completeness of any Information distributed to you by us, by any means
c. The condition, quality, performance, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses of the Site;
d. your ability to use the Site or that it will be available in its current or any other format;
ii. We have no control over the Information that can be accessed through, downloaded from or uploaded to the Site.
iii. We are not responsible or liable to you for any loss of content, or material that you upload or download or transmit through the Site.
iv. We will not be responsible or liable to you or any third party for any modification, suspension of or discontinuance of our Services
v. It is your decision, where applicable, to use, post, submit, remove or alter information and material to us, or on, to or from the Site and we are not responsible or liable for any loss or damage incurred by you or any third party as a result of your doing or failing to do the same.
vi. We exclude all liability of any kind including for invasion of privacy, defamation, negligence or intellectual property right infringement, for the transmission or reception of information or material of whatever nature by, about or to you. The following provisions set out our entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:
a. any breach of these Terms; or
b. any representation, statement or tortuous act or omission including negligence arising under or in connection with these Terms; or
c. your access to or use of or inability to use our Services via the Site or otherwise; or
d. any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; or
e. any action or decision taken as a result of using our Services
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from these Terms.
Nothing in these Terms affects your statutory rights.

8. Suspension or Cancellation of Service
We reserve the right to cancel your access to our Services any time. We may suspend, restrict, reduce or cancel your access immediately if you breach or appear likely to breach any of these terms.

9. Amendments to these Terms
We reserve the right to change these Terms at any time.

10. Invalidity
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.

11. Waiver
No waiver by us of any breach of the Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

12. Entire Agreement
These Terms constitute the entire agreement between you and us, supersede any previous agreement or understanding and may not be varied except in writing between us . All other Terms and Conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

13. Third Party Rights
A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms but this does not affect any remedy or right of any third party, which exists or is available apart from that Act.

14. Laws Applicable
These Terms shall be governed by and construed in accordance with the laws of England and Wales and all disputes arising in connection with them shall be submitted to the exclusive jurisdiction of the English Courts.

© 2009 SeparationAgreement.co.uk

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