FINANCIAL QUALITY SOLUTIONS LIMITED - GENERAL WEBSITE TERMS OF USE
Enquiries: 01564 711153
This General Website Terms of Use ("Terms") govern your use of the website located at www.tcfcentre.com ("Website"). Please read these Terms carefully and ensure that you have understood them before using the Website. If you do not agree with any of the Terms set out herein, please cease use of the Website immediately.
- Definitions
- "Content" means any information (in all format) published by us on the Website including without limitation, audio files, visual files, textual files, graphics, descriptions, comments, feedbacks, suggestions, advice and/or information of any nature;
- "FinQS", "us", "we" and"our" means Financial Quality Solutions Limited, company registered in England and Wales with the company number 6446848 and having its place of business at Central Boulevard, Blythe Valley Business Park, Solihull B90 8AG;
- "Intellectual Property Rights" means all intellectual property rights including without limitation, patents, utility models, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how and in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;
- "Non Registered User" means a person who is not registered with us as a Subscriber and to whom we have granted access to view and use the Website and to access certain features and functionalities of the Website free of charge;
- "Subscriber" means a subscriber of the services provided by FinQS;
- "Terms" means these General Website Terms of Use;
- "Use" means any use of the Website as a Non Registered User or a Subscriber including but not limited to viewing and posting information on the Website;
- "User", "you" and/or "your" means the Subscriber or the Non Registered User, whichever is applicable; and
- "Website" means the website located at www.tcfcentre.com.
- FinQS Limited
- 2.1 This Website is owned and managed by FinQS.
- 2.2 If you have any queries regarding your Use of the Website, please contact FinQS using the contact details specified on the Website.
- Use of the Website
- 3.1 By Using the Website as a Subscriber or a Non Registered User, you warrant that you have the right, authority and capacity to enter into and be bound by these Terms and that you agree to be bound by these Terms forthwith.
- 3.2 You shall at all times:
- 3.2.1 comply with all applicable laws, regulations, directives and legislations which may apply to your use and access of the Website in whatever country you are physically located including without limitation, any and all consumer law, export control laws, regulations and directives;
- 3.2.2 comply with any guidelines provided or reasonable instructions issued by us or any fair usage policies provided to you or in operation from time to time in respect of your access and use of the Website;
- 3.2.3 co-operate and comply with any reasonable security or other checks or requests of information made by us from time to time;
- 3.2.4 not re-sell, promote for resale the Website or engage in any other similar activities;
- 3.2.5 not alter, modify or make copies of any part of the Website or any of its related technologies or Intellectual Property Rights;
- 3.2.6 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or to the provider platform, internet and hosting services network.
- 3.2.7 not use the Website to commit a criminal act or to cause nuisance or annoyance or inconvenience to or to harass others;
- 3.2.8 not use the Website and/or not do anything that shall or be reasonably deemed to infringe any Intellectual Property Rights or other rights of any third parties, including without limitation, post, publish or make available for public viewing on the Website anything which may be deemed to be obscene, defamatory, libellous or slanderous, or which may cause injury to, invade the privacy of or otherwise violate the rights of any Users of the Website;
- 3.2.9 not use any information obtained from the Website otherwise than in accordance with these Terms;
- 3.2.10 use the information procured from the Website at your own risk and shall be solely responsible for any illegal conduct, infringement of any third party Intellectual Property Rights and/or any breaches thereof or in any applicable laws and legislations;
- 3.2.11 contact our Customer Service immediately by emailing us at support@tcfcentre.com or contacting us at 01564 711153 if you suspect fraudulent, unlawful or illegal use of the Website; and/or
- 3.2.12 notify us immediately of any circumstances where any Intellectual Property Rights or any other rights of any third party may have been infringed.
- 3.3 In the event that FinQS, in its sole discretion, considers that you are making any illegal and/or unauthorised Use of the Website, and/or your Use of the Website is in breach of these Terms, FinQS reserves the right to take any action that it deems necessary, including terminating without notice your Use of the Website and, in the case of illegal Use, instigating legal proceedings.
- 3.4 FinQS may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
- 3.5 FinQS reserves the right to make any changes to the Website or to discontinue any aspect, feature or functionality of the Website without notice.
- Term and Termination
- 4.1 These Terms will remain in full force and effect while you are a User of the Website.
- 4.2 FinQS may, at any time and for any reason, terminate these Terms with you and deny you access to the Website.
- 4.3 In the event of termination of these Terms or denial of access to the Website for any reason, you must not attempt to Use the Website.
- 4.4 Clauses 4 to 8 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.
- FinQS Intellectual Property
- 5.1 FinQS and/or its licensors owns or has a licence to use all right, title and interest in and to the Website, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the Website or the data contained therein to the User. All rights in and to the Website not expressly granted to User are reserved by FinQS.
- 5.2 You are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view the content of the Website.
- 5.3 Unless otherwise expressly set out to the contrary, you are expressly prohibited from:
- 5.3.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and
- 5.3.2 removing, modifying, altering or using any registered or unregistered marks/logos owned by FinQS and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of FinQS and/or its licensors or could be considered an infringement of any of the intellectual property rights owned by and/or licensed to FinQS without first obtaining the written permission of FinQS.
- Linking
- 6.1 The Website may contain links to other independent third party websites ("Third Party Websites"). FinQS does not endorse the contents of such Third Party Websites nor shall it be in any way be responsible for the availability and/or content of the same.
- Warranties and Exclusion of Liabilities
- 7.1 FinQS provides Users with access to the Website free of charge and, to the maximum extent permitted by law, FinQS shall not be liable for any loss, injury or damage caused in whole or in part by Use of the Website or the information provided therein, or by any failure, delay, interruption or otherwise of the provision of the Website or the information provided therein, or by FinQS's failure to perform any of its obligations under these Terms.
- 7.2 In no event shall FinQS be liable for any special, indirect, incidental or consequential damages, including without limitation the loss of profits, loss of reputation and goodwill, loss of expectation, loss of business or business benefit, loss of time management, expectation losses, loss of contracts, loss of customers, or any losses or liabilities under or in relation to any other contracts.
- 7.3 The information provided on the Website by FinQS is intended as information only and does not constitute advice and is not intended to address your specific requirement. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
- 7.4 Subject to the provisions under clause 7.3, you here by acknowledge, agree and warrant that any reliance by you in respect of any information made available on the Website shall be at your own risk and that FinQS shall in no way be liable for any such reliance.
- 7.5 Where the Website includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by FinQS and, to the maximum extent permitted by law, FinQS shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice, recommendations or your reliance thereof.
- 7.6 To the maximum extent permitted by law, FinQS expressly excludes all representations, warranties, obligations and liabilities in connection with the Website or other third party websites, and the information provided therein.
- General
- 8.1 You may print and keep a copy of these Terms, which form the entire agreement between you and FinQS and supersede any other communications or advertising with respect to the Website.
- 8.2 These Terms may only be modified with the prior written consent of FinQS. We may alter or amend these Terms at any time, with immediate effect without notice. By continuing to Use the Website after such alteration, you will be deemed to have accepted any amendment to these Terms.
- 8.3 These Terms and their performance shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
- 8.4 You shall comply with all foreign and local laws and regulations which apply to your Use of the Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
- 8.5 You agree that because of the unique nature of the Website and FinQS's proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm FinQS and monetary damages would be inadequate compensation. Therefore, you agree that FinQS shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
- 8.6 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
- 8.7 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.
- 8.8 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
- 8.9 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against FinQS and such third parties shall not be entitled to enforce any term of these Terms against FinQS.
- 8.10 The parties hereby agree that the Terms herein shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.