Adviser Terms and Conditions
Adviser Terms and Conditions
These terms and conditions form the basis of all contracts for advertising on www.unbiased.co.uk.
Accounting bodies – the organisations in the UK which have the right to award qualifications and practising certificates to accountants, which include (but may not be restricted to) Institute of Chartered Accountants in England and Wales, Institute of Chartered Accountants in Scotland, Association of Chartered Certified Accountants, Charted Institute of Management Accountants
Advertisement – the advertisement or listing type that you select in the Online Registration Forms and which, if accepted by us, will appear on our Website in the form in which you have submitted it in the Online Registration Forms
Charges – our applicable charges for providing the Services, which will be as shown on our Website or as notified to you by means of any promotional or marketing initiatives from time to time
Confirmation of Advertisement – an email which will be sent to the email address you have entered into the Online Registration Forms once the Advertisement is accepted.
Confirmation of Payment – an email which will be sent to the email address you have entered into the Online Registration Forms which will confirm the amount of your payment, if you have selected one of the Advertisement types for which Charges are payable.
Contract – any contract for the provision of Services formed in accordance with Condition 2.1
Enquiry Fees – Any charge placed on an enquiry generated through unbiased.co.uk which is displayed within an adviser dashboard
Enquiry Fee Payments – Payments made for enquiries accepted through unbiased.co.uk
Enquiry Information – Data collected by unbiased.co.uk from consumers who use the online enquiry forms
Enquiry Token – A token which can be used to accept an enquiry instead of paying an enquiry fee
FCA – Financial Conduct Authority – the financial adviser regulator from 2013.
FSA – Financial Services Authority- – the financial adviser regulator until 2013.
IFA – Independent Financial Adviser, a financial adviser, authorised by the FSA/FCA for investments, who provides whole of market advice across all product areas, and offers fee payment options.
IPRs – Intellectual Property Rights: all copyrights, patents, rights in trade marks, design rights, database rights, rights in know-how, trade secrets, rights in confidential information (whether registered or unregistered), applications for registration, and the right to apply for registration, renewal, extension, division, or reissue for any of these rights, and any other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world
Law Society – the Law Society of England and Wales or any other body responsible for maintaining the Register of Solicitors in the relevant part of the UK
Logo – the IFA Blue Roundel Pound Sign Logo, a trademark registered to Unbiased Ltd and only usable by IFAs under licence as set out in these terms and conditions
Online Registration Forms – the entry screens on our Website where you provide your company and individual details, select the type of Advertisement you require and enter the text to be shown in your Advertisement
Services – the Advertisement services provided by us to you in relation to unbiased.co.uk under the Contract on our Website and any other partner websites, but as qualified as set out in this contract. Such services are provided in two categories: 'Paid for Services' where the Services are provided by us to you in return for payment by you to us and 'Free Services' which are offered by us to you without charge (the consideration for such Contract being your provision to us of your data and our website displaying your data) but which may be terminated by us at any stage at our discretion
SRA – Solicitors Regulation Authority
Third Party Data – data we obtain for use under licence from third party organisations to assist in the provision of Services and which may be displayed to Users in association with other material relating to you (for example data used to display location maps)
Us/we/our – Unbiased Ltd, a company registered in England under number 6775878, whose registered office is Unbiased Ltd, 12-14 Berry St, London, EC1V 0AU.
User – a person who uses our Website to find details of professional advisers
Website – www.unbiased.co.uk, which is operated by Unbiased Ltd
You/your –the person, company or other organisation named in the Online Registration Forms, who offers to place an Advertisement.
2.1. The submission of your details into the Online Registration Forms constitutes an order for the provision of Services on these Conditions. No such offer shall be accepted by us unless and until we send you a Confirmation of Advertisement and (where relevant) a Confirmation of Payment, at which time a Contract shall be formed between us. The Contract comprises:
a these Terms and Conditions
b the Online Registration Forms
c Confirmation of Advertisement
d Confirmation of Payment
2.2. In the case of conflict between any of the above documents, priority shall be given in the order in which they appear above.
2.3. These documents comprise the whole of the Contract to the exclusion of all other verbal or written representations.
2.4. In entering into the Contract, you warrant that you are acting solely on your own behalf and not on behalf of any other person.
2.5. You consent for all the information you provide to be made available by us to search engines in order to market your company data and enable Users to find out information about your business.
2.6. IFAs advertising on the Website are entitled to use without charge the IFA Blue Roundel Pound Sign Logo (“the Logo”) on the terms set out in 8.1 for use in connection with its investment contract business in the United Kingdom.
3. Commencement and Duration
3.1. Unless it is terminated earlier in accordance with these Conditions, the Contract will continue so long as you remain eligible to advertise on our website.
3.2. The Contract shall be automatically renewed annually for one year periods unless notice has been given in accordance with these Conditions.
4. Our General Responsibilities
4.1. Subject to these Conditions we shall use reasonable endeavours to provide the Services in particular shall:
a endeavour to make the Website available to Users and Subscribers; and
b display your Advertisement on the Website.
5. Your General Responsibilities
5.1. Subject to these Conditions you shall:
a pay any applicable Charges for the Services;
b ensure that all content of your Advertisement complies with all applicable advertising standards including (without limitation) our then current advertising guidelines and policies published on our Website, FSA, FCA, SRA, Law Society, ASA (Advertising Standards Authority) regulation and other relevant legislation (including data protection), rules and regulations, including any rules issued by the relevant professional body or institute that applies to you;
c regularly check the content of your Advertisement online, and keep the content up to date by using your password and logon to make changes and manage your account; and ensure that you provide a valid and serviceable email address at all times for account management purposes and that you keep this up to date.
5.2. Immediately use your online account management logon to inform us of any changes to the information provided including the status of your firm or any of the named individuals provided by you particularly in relation to each of the areas of advice provided by you and recorded on our Website.
5.3. You are responsible for maintaining the secrecy and security of your branch’s unique password and account information to ensure that only authorised persons can access your account to make changes to it.
5.4. You will be entirely responsible for the content of your own website and the Advertisement and you will indemnify and hold us harmless from and against all liabilities, claims, losses, damages, costs and expenses (including without limitation any claim in contract or tort or for any defamation, obscenity or breach of privacy) which may be suffered or incurred by us relating to or arising out of your website and/or the Advertisement or in respect of any breach by you of the terms of this Agreement.
5.5. Notwithstanding the existence of the Contract, we can refuse to publish an Advertisement or any part of it if we reasonably consider that its content infringes any law or any rights of third parties or is likely to subject us to prosecution.
5.6. You (if registering as an IFA) confirm that you have the relevant investment authorisations and permissions from the FSA/FCA. In addition you must have an independent investment adviser, offering whole of market advice across all product areas and a fees option, based at the branch(es) you wish to register.
5.7. You (if registering as a whole of market restricted financial adviser) confirm that at least one adviser at the branch you wish to register holds the relevant investment authorisations and permissions from the FSA/FCA permitting you to transact investments and provides whole of market financial advice and a fee payment options.
5.8. You (if registering as a whole of market mortgage adviser) confirm that you hold the relevant authorisations and permissions from the FSA/FCA permitting you to transact mortgage business and provide whole of market mortgage advice.
5.9. You (if registering as a solicitor) confirm that your name appears in the Law Society register of solicitors, and that there are no findings by the SRA or Law Society affecting your ability to practise.
5.10. You (if registering as an accountant) confirm that you have a valid certificate to practise in the UK according to the Accountancy bodies and where required a qualification, licence or other authorisation to practise specialist areas including (without limitation) insolvency and bankruptcy.
5.11. The provisions of this Agreement shall apply, with the appropriate alterations, to any Services subscribed to by you and offered by us which are attached to, or provided through, websites promoting the services of other professional advisers.
5.12. You agree to adhere to our service level agreement by responding to enquiries promptly, and in any case within the specified timeframe (typically 24 hours).
5.13. When subscribing to the Plus subscription, you agree to be allocated a unique trackable telephone number which is linked to your primary telephone number and will be displayed on your profile. The trackable number will redirect all calls to your primary number without any disruption. You agree to use this number to enable unbiased.co.uk to effectively monitor your call activities to provide you with call insights and analytics, and to take no actions that would interfere with such monitoring.
5.14. When subscribing to a Plus Unlimited or Plus subscription, you agree that your telephone number will only be displayed in the ‘Contact options’ section of your profile, and that you are not permitted to include this information, nor your email address or website url, elsewhere on your profile.
5.15. When subscribing to a Lite or Basic subscription, you agree that your telephone number, email address and website url will not be displayed on your profile, and that you are not permitted to add this information to your profile.
5.16. In the event that your profile is found to be displaying your telephone number, email address or website url in breach of these Terms and Conditions, we may, at our sole discretion suspend your profile from public display until you have remedied the breach. No refunds of subscriptions will be made for any period that your profile is not on public display.
6. Enquiry Services
6.1. Enquiry Fees
a Enquiry Fees are payable by advisers with a Lite, Plus, or Plus Unlimited subscription. They are not applicable to Basic profiles.
b Enquiries generated through a Lite or Plus profile will be charged at the current rate as shown on the pricing page on our website for all types of enquiry.
c Enquiries generated through a Plus Unlimited profile will be inclusive in the subscription price.
d Enquiries generated through our Match Level and Concierge services will be charged at the current rate as shown on the pricing page on our website.
e All Enquiry Fees quoted are exclusive of VAT which will be charged as an additional item on any Enquiry Fees as applicable, at the prevailing rate of VAT.
f If you cancel your listing on unbiased.co.uk, you must still pay any outstanding Enquiry Fees for any enquiries accepted by you prior to cancellation.
6.2. Enquiry Information
We will provide Plus Unlimited, Plus and Lite advisers with key information to help them decide whether or not to purchase an enquiry. If you decide to purchase an enquiry, we will deliver all available enquiry information through the adviser dashboard upon receipt of payment, where applicable. This will include the consumer’s contact details and enquiry message.
We encourage consumers to provide details of the advice area(s) they are seeking, and the level of their income/assets/pension/mortgage as appropriate. However, we can pass on only the information volunteered by each consumer, and we offer no guarantee of its completeness or accuracy.
6.3. Enquiry Fee Payments
Payment for an enquiry will be taken before full Enquiry Information is provided to the adviser.
6.4. Expiry of Enquiries
If an enquiry is sent to an adviser and there is no response from the adviser within the communicated time frame, the enquiry will automatically expire. All expired enquiries are non-retrievable and advisers will not be able to pick up expired enquiries.
6.5. Enquiry tokens
Enquiry tokens can be purchased in advance and used to pay future Enquiry Fees. Purchased enquiry tokens will expire after 12 months. Enquiry tokens are non-refundable. If you cancel your listing on unbiased.co.uk, any unused Enquiry tokens left on your account are non-refundable, non-transferable and will expire when your listing ends.
6.6. Refund policy for Enquiry Fee Payments
In certain circumstances we will provide a refund to your account in respect of enquiries purchased. Any enquiry token refund requests must be made within 10 business days of accepting the enquiry.
Refunds will be in the form of enquiry tokens to your account with unbiased.co.uk. Refunds will not be made in cash. Enquiry tokens can be used to pay future Enquiry Fees on your account. Refund requests that do not meet the criteria outlined below will not be accepted. Please contact our customer services team for more information and assistance.
Refund circumstances are outlined below.
a Duplicate enquiry:
If it is evident that the enquiry is from a consumer who has already contacted you via unbiased.co.uk with the same name, contact details and the same enquiry, and for which you have already paid an Enquiry Fee. When requesting a refund, please provide written proof of the previous enquiry/enquiries with all details of the enquirer, to prove that it is a duplicate enquiry.
b Enquiry with invalid phone number and email address:
If the phone number fails and the email address is also invalid, please send your refund request together with a description of what happened when you dialled the phone number (e.g. a message from the phone company, or an unobtainable tone) plus a copy of the bounced email message, to our customer services team at [email protected]
c Enquiry from an existing client:
If the enquiry is from an existing client of your firm. You will need to provide written proof of the existing relationship between you and the enquirer.
d Non-genuine enquiry:
In cases where it can be reasonably assumed from the message that the enquiry is non-genuine, spam or from a fake client. Please provide a brief explanation of why you believe this to be the case.
e Debt advice:
If the enquirer is simply seeking debt advice.
7. Payment of Charges for Services
7.1. You will pay to us the Charges appropriate to the Services as set out on our Website or as otherwise advised before any renewal.
7.2. Payment will be made by credit/debit card or by direct debit or in exceptional circumstances other payment types as agreed in advance by us. An invoice in respect of all renewal payments made by you will be made available for you via your online account management logon or in some circumstances sent to you by email.
7.3. Charges are in pounds sterling exclusive of value added tax which, if applicable, you will pay in addition at the prevailing rate.
7.4. We reserve the right to increase the price of our Services at any time. You will be notified in writing of any price change prior to your renewal payment.
7.5. Upon the due termination of this Agreement in accordance with Clause 12 below, any payments received from you in respect of any unexpired period after the date when the termination is effective shall be utilised as follows:-
a in payment of any arrears outstanding from you;
b at our discretion to set off against any discount previously given to you in relation to any Payment for Services in respect of which such notice of termination has been given by you;
c to repay to us the amount of any discount (pro rata for the period to which it would otherwise have applied) which had been given to you under clause 7.6 below and to which you are otherwise not entitled after such termination as causes this clause to operate;
d a handling fee of £20; and
e finally, a refund of any remaining balance in respect of any whole unexpired period of three months.
7.6. Any promotions, offers or discounts which are offered by us from time to time may be amended, suspended or cancelled at our sole discretion at any time.
8. Limitation of Liability
8.1. We will take all commercially reasonable steps to ensure that the Services are provided without interruption but you acknowledge and agree that internet systems and services are not uninterrupted or fault free and we make no representation or warranty in relation to such systems. You further acknowledge and agree that occasional periods of downtime for repair, maintenance and upgrade may be required and therefore uninterrupted provision of the Services cannot be guaranteed.
8.2. You acknowledge and agree that we make no warranty and give no representation of any kind in relation to Third Party Data and we accept no responsibility or liability for inaccuracy in or arising out of Third Party Data.
8.3. We do not warrant that any business will develop for you via the Services.
8.4. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
8.5. To the fullest extent permitted by law, we do not accept any liability for:
a loss of revenue;
b loss of actual or anticipated profits;
c loss of business;
d loss of reputation;
e injury (not caused by our negligence);
g loss of contracts; or
h any indirect or consequential loss or damage.
8.6. Nothing in the Contract shall limit or exclude our liability in respect of death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
8.7. Except as provided in Condition 8.6 and subject to Condition 8.5, our entire liability to you under or in connection with the Contract shall be limited to the amount of the applicable Charges paid by you.
8.8. Neither party to this agreement shall be liable for any breach of its obligations hereunder resulting from causes beyond its reasonable control including but not limited to fires, strikes, insurrection or riots, embargoes, container shortages, inability to obtain supplies, equipment or materials, requirements or regulations of any civil or military authority (an “Event of Force Majeure”). If an Event of Force Majeure continues for more than 45 days, either party shall be entitled to terminate the Contract on written notice to the other without either party having any further liability save for any accrued rights or claims which existed prior to the Event of Force Majeure.
8.9. You accept that we have no responsibility for any information posted by any third party or for any action taken by them as a result of arrangements entered into by you.
8.10. You accept that you alone are responsible for performing any due diligence or inquiry into any Services offered through any third party.
8.11. You are responsible for your own compliance in relation to any services you provide pursuant to any reference or arrangement entered into through the Services.
9.1. The following conditions apply to the use of the Logo by IFAs only:
a For the avoidance of doubt, the Logo can only be used by those who meet the definition of IFA as set out in Clause 1 of the Contract.
b the right to use the Logo shall be suspended for as long as
(i) the IFA is suspended from conducting investment business or any registered individual or other person authorised to conduct investment contract business for the advertising IFA is so suspended and/or
(ii) information shall not have been supplied by the IFA to Unbiased Ltd after a reasonable period has elapsed following a reasonable request to do so
c the IFA acknowledges that copyright and all other rights of a similar nature relating to the Logo are owned by Unbiased Ltd
d the IFA is hereby authorised to reproduce the Logo only in connection with such of its business as is carried out on an independent basis in the following manner:
(i) by inclusion on any printed or electronic business materials: and
(ii) by displaying any advertising materials supplied by Unbiased Ltd to the IFA outside or inside Premises (as defined below) where the only investment business (as defined by the Financial Services and Markets Act 2000) conducted by any person is on an independent basis.
e For the purposes of these conditions, ‘Premises’ shall mean any room or part of a building, suite or rooms, or group of buildings which is separate and clearly identifiable otherwise than by the use of such advertising materials as aforesaid. For the avoidance of doubt the advertising materials as aforesaid shall not be displayed outside any Premises other than those from which investment business is conducted on an independent basis.
f the IFA undertakes with Unbiased Ltd that it will:
(i) only use the Logo as a trademark in accordance with the terms of its registration and in particular, will not use it in any manner likely to mislead the public as to its significance and that you will not reproduce, modify or in any way commercially exploit the Logo except as expressly authorised by this clause 9; and
(ii) promptly give notice in writing to Unbiased Ltd of any infringement by any third party of the Logo as a trademark and generally of unauthorised or wrongful use of the Logo (or of any mark in its reasonable opinion confusingly similar to the Logo) which shall from time to time come to the knowledge of the IFA.
g In return for your undertaking above, you shall be entitled to all rights granted to the authorised user of a registered trademark in accordance with the provisions of the Trade Marks Act 1994 (as from time to time amended) provided the Logo remains registered as such
h The rights granted to you by this clause 9 are personal to you and may not be transferred, assigned or dealt with by you in any manner whatsoever
i the IFA will abide by regulations and practices in force or use in the United Kingdom in order to safeguard the rights of Unbiased Ltd in the Logo and will not do or omit to do anything to diminish the rights of Unbiased Ltd in the Logo or impair any registration of the Logo.
9.2. You warrant that you own or are authorised to use (or allow us to use on your behalf) all IPRs in all content of the Advertisement.
9.3. Both parties agree that neither party shall by reason of these Conditions acquire or claim any right title or interest in or to any IPRs of the other.
9.4. You will be responsible for any use which you make of (or licence which you may give to) any IPRs pursuant to any arrangement entered into with any third party and indemnify us against any claims, losses, costs or expenses arising as a result.
10. Changes to the Services
10.1. From time to time we may modify our Website and any of the Services without prior notice, but in doing so we will endeavour not to diminish the value and utility of the Services to any material degree. If in our reasonable opinion we consider that such modification is likely to materially affect the nature or scope of, or the Charges for, the Services or have a serious detrimental effect on your financial position, we will notify you of such modification and you shall have the option to
a agree to the modification and continue to receive the Services or
b terminate the Services, in which case you will be entitled to a refund of Charges you have already paid to us relating to a period after the date that the Services have been terminated
10.2. From time to time we may amend these Conditions. Unless we are acting because of a legal requirement or a court order, we will notify you in advance of any changes. The changes will apply from the date shown in such notification. If you do not agree with such changes, you will have a period of 7 days from such notification in which to serve not less than 14 days' written notice of termination of the Contract, in which case you will be entitled to a refund of Charges you have already paid to us relating to a period after the date that the Services have been terminated.
11. Suspension of the Services
11.1. We reserve the right to suspend your Advertisement at any time and without prior notice if:
a you are found not to hold (depending on the professional service you are advertising);
(i) the required authorisations and permissions with the FSA/FCA permitting you to transact investment business
(ii) the required authorisations and permissions with the FSA/FCA permitting you to transact mortgage business
(iii) the required authorisations and permissions with the SRA or Law Society permitting you (or materially qualifying your ability) to practise law in the UK
(iv) the required authorisations and permissions to practise accountancy in the UK
b you have not logged into your online account to check and update your details and information in what we, in our sole discretion, consider to be a reasonable period of time
c we, in our sole discretion, reasonably consider your Advertisement (including without limitation a web link or your linked website) is unlawful, misleading, offensive, prejudicial or inflammatory, is likely to expose us to claims or liability, damage our reputation or cause us embarrassment, infringes our rights or the rights of third parties or does not comply with our then current advertising guidelines and policies, including but not limited to the accountancy advice categories recorded on our Website
d we have reasonable grounds to believe that the rights owner of any IPRs within the Advertisement has withheld, withdrawn or failed to give permission for your use of the same.
11.2. Under such circumstances we shall continue to suspend the Services until the circumstances giving rise to the suspension cease to subsist, or until the Contract is terminated in accordance with Condition 12.
11.3. In the event that your Advertisement is suspended for any of the reasons given in 11.1, no refunds will be given.
12.1. Without prejudice to Condition 11, we may terminate the Services at any time:
12.1.1 for any reason at our sole discretion, by providing you with not less than seven days written notice of such termination, in which case you will be entitled to a refund of that part of any Charges you have already paid to us and which relates to a period after the date that the Services have terminated.
12.1.2 if at our sole discretion we consider that you have used threatening, abusive, obscene or offensive language or behaviour to our staff, your account with us will be terminated immediately and any refund of outstanding subscription will be at the sole discretion of our management, having taken into account the seriousness of the incident. We have zero tolerance of any unprofessional and unacceptable behaviour towards our staff and will always take action in such circumstances.
12.2. We may terminate the Services with immediate effect by giving written notice to you if you commit a material or persistent breach of any provision of the Contract, or (being a limited company) you cease, or threaten to cease, to carry on business, compound or make any arrangement with your creditors or become insolvent or unable to pay your debts or if any order is made or resolution passed for your liquidation, winding-up or dissolution or if a receiver or manager or administrative receiver or administrator or supervisor is appointed over any of your assets or if anything analogous to or having a substantially similar effect to any such events shall occur, or (being an individual or a partnership) you (or any member of your partnership) die, are convicted of a criminal offence (other than an offence under any road traffic legislation for which a fine or non-custodial penalty is imposed), have a bankruptcy petition presented against you, are adjudged bankrupt or have a receiving order or an administration order made against you or make any composition or arrangement with your creditors or take or suffer any similar action in consequence of debt or if there is a finding falling within Condition 11.1(a) above.
12.3. Termination of the Contract for any reason shall be without prejudice to any pre-existing rights and/or claims that either party may have against the other and shall not relieve either party from fulfilling its obligations accrued prior to such termination. Conditions 2, 5, 8, 9, 12 and 13 shall survive termination of the Contract.
12.4. You may terminate the Services, without prejudice to Condition 10, at any time by contacting us in accordance with Clause 13.5, providing that no payments remain outstanding from you in relation to Services provided under this Agreement. The provisions of Clause 7 shall continue to apply (notwithstanding termination) to any payments due in the period up to and including the actual termination of the Services. If you request your Services to be terminated under this Clause 12.4:
12.4.1 if you pay for the Services on a monthly basis, the Services shall be terminated at the end of the current subscription month in which you give us notice
12.4.2 if you pay for the Services on an annual basis, you may choose to retain your Services to the end of the current subscription year or to terminate your Services immediately. Any refund of outstanding annual subscription will be made in accordance with Clause 7.5.
12.5. The IFA acknowledges that, forthwith upon termination the licence to use the Logo ceases immediately and undertakes that it will:
a cease to use any printed or electronic business materials bearing the Logo;
b remove the Logo from your website and emails and
c remove and destroy all such advertising materials bearing the Logo as have been, or are being used and which are still in the possession of the IFA.
13.1. You and we shall each keep all information in respect of the other's business, financial or other affairs confidential at all times and shall not at any time either during or after the expiry or termination of the Contract disclose or use any such information without prior permission except in the legitimate performance of your or our respective obligations under the Contract or if required by statute, any order of a court of competent jurisdiction or an appropriate regulatory authority.
13.2. To the extent that we collect any personal data (as defined in the Data Protection Act 1998) relating to you in the course of the Contract, you consent to us holding and processing in any manner and transferring such data for the purposes of carrying out our obligations under the Contract, for the administration and management of our business, for compliance with applicable procedures, laws and regulations and for any other purpose for which you have given your consent.
13.3. You shall not assign or otherwise dispose of any or all of your rights and obligations under the Contract without obtaining our prior written consent.
13.4. Any communication or notice from us to you shall be in writing and sent by email to the email address you have supplied in the Online Registration Forms or such other email address as you may have notified to us from time to time. Any such notice or communication shall be deemed received 24 hours after the time it was sent. In the unlikely event that delivery by email is not possible, in the case of any notice to be served on you by us, we shall have the option to serve such notice by pre-paid first class post to your usual business address, in which case such notice shall be deemed received 24 hours after the time of posting.
13.5. Any communication or notice from you to us shall be in writing and sent to: [email protected] (or such other email address as we may have notified to you from time to time) by email. Any such notice or communication shall be deemed received 24 hours after the time it was sent. In the unlikely event that delivery by email is not possible, in the case of any notice to be served on us by you, you shall have the option to serve such notice by pre-paid first class post to Unbiased.co.uk, 12-14 Berry Street, London, EC1V 0AU, in which case such notice shall be deemed received 24 hours after the time of posting.
13.6. Failure or delay of either party to assert its rights or any remedy provided by the Contract or by law shall not constitute a waiver of such rights or remedy. No single or partial exercise of a right or remedy provided by the Contract or by law shall prevent further exercise of the right or remedy or the exercise of another right or remedy. A waiver by either party of any particular provision of this agreement shall not be deemed to be a waiver in the future of the same or any other provision of this Contract.
13.7. If any provision of the Contract shall be found to be unenforceable or invalid in whole or part, then such whole or part provision shall be deemed deleted from the Contract and the remainder of the Contract shall continue in full force and effect.
13.8. Nothing in the Contract shall be deemed to create between you and us any of the relationships of partnership, agency, employment or joint venture.
13.9. Headings within these Conditions are for convenience only and shall have no effect on the interpretation of the document.
13.10. You acknowledge that while information provided by us relating to the Services has been provided in good faith, you are entering into the Contract on the basis of your own enquiries and you acknowledge that you have not relied on, and shall have no right or remedy in respect of, any representation, statement, assurance or warranty as to the development of your business via the Services or otherwise (other than for breach of contract).
13.11. A person who is not a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
13.12. The Contract constitutes the entire agreement and supersedes all prior agreements and understandings between you and us in relation to its subject matter.
13.13. You consent to us disclosing to third parties any address at which you conduct business and which is known to us, whether or not the same is displayed in Advertisements for the purposes of our provision of the Services and compliance with legal obligations.
13.14. The Contract shall be subject to the laws of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the English courts in relation to the Contract, its interpretation and its subject matter.
13.15. You will advise us immediately in writing upon the occurrence of an event falling within Condition 11.1(a) above.
Last updated: June 2017