Website Terms and Conditions
Dated 1st November 2019
This website (the “BBRS website”) is operated by the Business Banking Resolution Service, a company limited by guarantee and incorporated in England and Wales with registered number 12096333 and having its registered office at Legalinx Limited, One Fetter Lane, London EC4A 1BR (“BBRS”).
We will attempt to ensure that the content on the BBRS website is accurate and complete at the time of publishing such content on the BBRS website, however we do not provide any express or implied warranty as to the adequacy, accuracy or completeness of such content. We will not accept any liability arising from inaccuracy or omission.
The materials on the BBRS website do not constitute financial or other professional advice. You should consult your professional adviser if you require specialist advice.
Content on the BBRS website gives general information on the position at the time of publication. It is not a definitive statement of the law, our approach or our procedure. Any illustrative case studies are based broadly on real-life cases but are not precedents. Individual cases are decided on their own facts.
We may vary these Terms and Conditions from time to time. You are advised to regularly check these Terms and Conditions for any such variation and note the date set out above on which these Terms and Conditions were last updated. The amended Terms and Conditions will take effect on the date on which we publish any variation through the BBRS website. If you do not agree with the amended Terms and Conditions then you have the right to stop using the BBRS website and you should do so immediately. Your continued use of the BBRS website after the date the changes have been posted will constitute acceptance of the amended Terms and Conditions.
Your personal data
In order to provide the BBRS website, we must collect, process and store certain data, including your personal data.
Third party products and links
It is not possible for us to review all websites which are linked from the BBRS website and you should therefore take care when following any link. We do not warrant the appropriateness or accuracy of any information made available to you by a third party website linked from the BBRS website (regardless of source), and we accept no responsibility or liability for the appropriateness, accuracy or any other aspect of such websites or the information made available by them to you, or any loss or damage that you may suffer as a result of following any links.
Availability of the BBRS website
We aim to ensure the BBRS website is available 24 hours a day but we will not be liable if, for any reason, the BBRS website is unavailable for any period of time. Access to the BBRS website may be suspended temporarily or permanently and without notice.
Intellectual property rights
You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the BBRS website or any part of it, including the manner in which the BBRS website is presented or appears and all information and materials relating to it, is our property (or that of our licensors), and nothing in these Terms and Conditions or your use of the BBRS website shall be taken to transfer any of these rights to you.
You may copy, download and store content for your personal use but you must not modify text, graphics or documents in any way or use them in a misleading context.
You agree, represent and warrant that you shall:
- provide true, accurate, current and complete information about yourself, as prompted by the BBRS information form on the BBRS website and maintain and promptly update this registration data to keep it accurate, current and complete;
- not undertake any activity which may harm our reputation or bring us into disrepute;
- not use the BBRS website for any fraudulent purpose or to send, upload or post any content which is abusive, defamatory, indecent, menacing, obscene or breaches the rights (including intellectual property rights) of any third party;
- not use the BBRS website to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make;
- not introduce, transmit or otherwise make available on or via the BBRS website any virus, worm, Trojan horse, spyware, or other computer code, file, or programme that is harmful or invasive or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
- not restrict or inhibit any person from using the BBRS website (including hacking or defacing any portion of the servers or networks used to host the BBRS website);
- not modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the BBRS website;
- not remove any copyright, trademark, or other proprietary rights notice from any portion of the BBRS website; and
- not cause the BBRS website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the BBRS website is in any way impaired.
Limitation of liability
Notwithstanding any other provision, nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
If you are dissatisfied with the BBRS website or any of these Terms and Conditions, your sole remedy under these Terms and Conditions shall be to discontinue use of the BBRS website.
Other than as set out in this ‘Limitation of liability’ section, and notwithstanding any other provision of these Terms and Conditions, we shall not be liable in contract, tort (including negligence), statutory duty, misrepresentation or otherwise, for any loss or damage whatsoever arising from or in any way connected with these Terms and Conditions.
All conditions, warranties and obligations which may be implied or incorporated into these Terms and Conditions by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.
We shall have no liability to you for any indirect loss or for any loss of profit, loss of revenue, loss of business, loss of goodwill, reputational damage or loss, business interruption or loss of data you may suffer in connection with your use of the BBRS website or any materials available through the BBRS website.
To the extent that any limitation or exclusion of liability in these Terms and Conditions proves ineffective, our maximum aggregate liability under or in connection with these Terms and Conditions (including your use of the BBRS website) whether in contract, tort (including negligence), statutory duty, misrepresentation or otherwise, shall in all circumstances be limited to £100.
We recommend that you always use up to date firewalls and anti-virus software to protect your equipment and data.
From time to time, we may carry out maintenance of the BBRS website which may result in certain parts of the BBRS website becoming unavailable.
While we try to make sure that the BBRS website are secure, you should note that transmission of information via the internet may not be absolutely secure and could be subject to interception by third parties.
We reserve the right to modify or discontinue temporarily or permanently all or part of the BBRS website, with or without notice, without liability for any modification or discontinuance.
If you have any complaint about the BBRS website, you should contact us at DPL@thebbrs.org and we will try and resolve it as soon as possible.
Other Important Terms
Please read the following important terms carefully:
- section headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions;
- each paragraph of these Terms and Conditions shall be construed separately and independently of the other paragraphs;
- no waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default;
- our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions shall be interpreted by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and remain enforceable between you and us;
- we are an independent service provider for all purposes when carrying out our obligations under these Terms and Conditions. Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any other kind of legal relationship including partnership, agency, trustee, fiduciary duty, joint venture or any other form of legal association between us;
- notwithstanding any other provision in these Terms and Conditions, a person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce these Terms and Conditions;
- these Terms and Conditions constitute the entire agreement as to its subject matter and supersede and extinguish all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral;
- these Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by English law. You and we both agree that the courts of England and Wales shall have non-exclusive jurisdiction; and
- nothing in these Terms and Conditions seeks to limit any mandatory rights that you may have in your own jurisdiction or seek to prevent you from raising any claim in any court which you are entitled due to your status.