Definitions
“The Company” = Worldwide Corporate Advisors
LLP, a limited liability partnership registered in England
and Wales.
“Client” = Person, firm or company with whom
The Company contracts
“Goods” and/or “Services” = The
products or services which are the subject matter of the
contract
Condition of Use
1. These Terms and Conditions apply to the supply of Goods
or Services provided by The Company, unless expressly varied
by The Company in writing.
Agency
2. The Company only accepts orders and instructions on
the basis that those instructing The Company do so as principals
and are liable directly to The Company for payment of its
account.
Instructions
3.1. Services will only be provided on the basis that those
instructing The Company provide all proper, necessary, accurate
and timely instructions, authority and information (including
the execution of all documents required) to enable The Company
to undertake lawfully and effectively the business instructed
and to indemnify The Company accordingly.
3.2. The Company is prepared to accept instructions given
by the Client orally over the telephone, but such instructions
shall be given at the risk of the Client and any misunderstanding
or misinterpretation of such instructions shall be at the
risk of the Client.
Third Party reliance
4. The Company’s Services, including search reports
and other information services, are provided solely for
the use of the Client and the Client’s Client, on
whose behalf the work has been commissioned, and shall not
be used or relied upon by any other third party without
The Company's written consent.
Search reports and Information
5.1. The Company will use all reasonable care in acquiring
information to be provided to the Client. However such information
may be derived from information contained in a public register
and as such The Company accepts no responsibility for any
inaccuracy, omission or other error in any public register
upon which its search report other information is based
or where such information has been provided verbally either
by the Client or any other 3rd parties.
5.2. The Company may be subject to disclaimer statements
and limitation provisions on the public register or that
provided by a third party when obtaining information. The
Company will advise the Client of these when practical but
the Client agrees to accept that such disclaimers are incorporated
into these Terms and Conditions.
Financial Reports
6. The Company may provide reports containing financial
information and/or credit ratings or status. The Company
does not warrant any financial information or credit ratings
and accepts no responsibility for the accuracy of such financial
information or credit rating or opinion provided by The
Company based on these.
Third Party Contractors
7. If The Company is instructed to undertake work that
will be carried out in Great Britain or overseas it may
as the Client’s agent, directly or through an intermediary,
request another contractor to carry out some or all of the
work for the Client. The Company will take all reasonable
care to choose Third Party Contractors with good reputations
when instructing them. However in such circumstances The
Company has no control over the activities of these Third
Party Contractors. The Company also cannot accept responsibility
for the Services that the Third Party Contractors provides
for the Client or for any errors or omissions in their work
or products. The Company will pay the charges of the Third
Party Contractors on the Client’s behalf and recharge
them to the Client with its own fees.
Delivery
8. Goods and Services are delivered using first class post,
fax or email (as appropriate0, unless otherwise stated.
Where the Client requests an alternative method of delivery
then the Client must meet those costs.
Payment
9. The Client shall be liable to discharge all sums due
under invoices raised by The Company in respect of either
Goods or Services rendered within 30 days of such invoice.
The Company reserves the right to charge for costs and expenses
incurred in recovering late payments, including interest
at the rate of 4% per annum above the base rate of HBOS
PLC up to and including the date on which final payment
is received.
Right to Cancel
10. Under the terms of the Consumer Protection (Distance
Selling) Regulations 2000 the Client may have the right
to cancel their contract with The Company within 7 working
days of the date after which they receive any Goods from
The Company or the date on which the contract for the provision
of Services is concluded. This right to cancel does not
apply to any Goods that have been specifically personalised
or supplied to the Client’s specifications.
Liability
11.1. The Company’s prices are determined on the basis
of the exclusions of liability contained herein.
11.2. Nothing in these Terms and Conditions shall operate
to exclude or restrict The Company’s liability for
(a) death or personal injury resulting from negligence;
(b) breach of the obligations arising from section 12 of
the Sale of Goods Act 1979; or (c) fraud, or any other types
of liability which cannot by law be excluded or restricted.
11.3. The Company’s aggregate liability to the Client,
arising out of any single claim, event, or series of related
claims or events whether for negligence, breach of contract,
misrepresentation or otherwise, shall in no circumstance
exceed the price paid by the Client for the Goods or Services
supplied to it by The Company under these Terms and Conditions.
11.4 The Company shall not be liable to the Client, whether
for negligence, breach of contract, misrepresentation or
otherwise, for (a) loss or damage incurred by the Client
as a result of third party claims; (b) loss of profit, goodwill,
reputation, business receipts, contracts, business opportunity
or anticipated saving suffered by the Client; or (c) indirect
or consequential loss or damage suffered by the Client.
11.5. The Company has Public Liability insurance of £ 5,000,000
to cover all its Goods and Services. The Client acknowledges
this and agrees that this amount constitues adequate insurance
and the Client fully accepts the limitation of The Company’s
liablity in accordance with clause 11.3. above.
Data Protection
12.1. The Company will use all personal data held about
the Client to provide Goods and Servivces, credit control
and to inform the Client about The Company’s Goods
and Services.
12.2. In order to provide Goods or Services to the Client
The Company may be required to pass the Client’s personal
data to parties located outside the UK and European Economic
Commission. In some instances these parties may be located
in countries that do not have data protection laws equivalent
to those in UK. Where this is the case The Company will
take reasonable steps to ensure the privacy of the Client’s
information.
12.3. The Client has the right to request in writing and
upon payment of a small fee, for a copy of any personal
information held on the Client by the Company.
Due Dilgence
13. In certain circumstances The Company may be required
by UK law to collect evidence of identity from its Clients.
If the Client fails to produce such evidence The Company
will be unable to provide the Services requested.
General
14.1. Nothing in these Terms and Conditions shall effect
the statutory rights of the Client
14.2. If any of the provisions of these terms are held by
a court or other competent authority to be void or unenforceable
in whole or in part, the other provisons of these terms
shall continue to be valid.
14.3. The Company reserves the right to make changes to
these Terms and Conditions of Business from time to time
Jurisdiction
15. The Company’s contract with the Client will be
in the English language and will be governed by the English
law and will be subject to the exclusive jurisdiction of
the English courts.
