Terms & Conditions of Website Use

1. General

1.1 These Website Terms & Conditions of Use govern users (“you,” “your”) access to and use of www.merrillhays.co.uk (this “Website”). Your use of this Website constitutes your acceptance of these Terms and Conditions of Use, which are legally binding on you. If you do not accept these Terms and Conditions of Use, then you should immediately stop using this Website.

2. About Us

2.1 This Website is owned and operated by Merrill Hays Limited (hereafter “Merrill Hays”, “us” or “our”), a limited liability company registered in England and Wales (registered number 9689790) with its registered office at Airport House, Purley Way, Croydon, London, CR0 0XZ, United Kingdom.

3. Permitted Use

3.1 Your access to and use of this Website is permitted by Merrill Hays for the purpose of viewing the information contained on this Website relating to Merrill Hays services and business listings, or for contacting and communicating with Merrill Hays about their services or business listings or to request further information/engage the services of Merrill Hays.

3.2 You may download or print one copy of the contents of the pages published on this Website (including any online publications such as downloadable sales particulars) for your sole personal, non-commercial use only, provided that you reproduce the web pages accurately without modification and that you do not use such copies of web pages for any form of commercial use which term includes, but is not limited to, incorporation of the material or any part of it in any other work, publication or web site. All copyright notices, proprietary notices and disclaimers that appear on any copied web pages must not be removed from such copies.

3.3 You agree that you must obtain the express prior written consent of Merrill Hays in advance if you wish to use material or works on this Website for any other purposes than those permitted above.

4. Restrictions of Use

4.1 You will not copy, sell, rent, modify, license, sublicense, publish, transmit, retransmit, distribute or redistribute any content contained on this Website (including any republication in whole or in part upon any other website or storage on any server or other storage device connected to a network) or otherwise exploit material on this Website for any commercial purpose or reward. The term "Content" includes all text, images, logos and graphics which appear on this Website, and the design and layout of this Website.

4.2 You will not use this Website in any way which causes, or could cause, damage to the Website or detrimental impairment of the availability/accessibility of the Website nor will you use this Website for any unlawful, harmful, illegal or fraudulent activity or purpose.

4.3 You will not use this Website for any data collection activities nor any purpose related to marketing or advertising activities without our express written consent.

5. Buyers Terms

5.1 This section (5), in addition to the rest of these Terms and Conditions, applies specifically to prospective or actual buyers of businesses using this Website.

5.2 You are responsible for providing honest, accurate and complete information on information request forms on this Website including any forms delivered to you in response to your request made through this Website.

5.3 Acceptance of sales particulars and information from this Website constitutes a contract to the effect that all information contained therein (or as may subsequently be supplied) will be treated with complete confidentiality and negotiations for the purchase of any business will be made directly and exclusively through Merrill Hays, otherwise you (as the buyer) will be jointly and severally liable with the seller for our commission.

5.4 All the sales particulars accessed through this Website, including any delivered to you in response to your request made through this Website, are for guidance only. Whilst they are believed to be correct, their accuracy is not guaranteed. They do not constitute any part of an offer or contract. None of the statements contained therein are to be relied upon as statements or representation of fact and any intending purchasers must satisfy themselves by inspection or otherwise as to the correctness of each of the statements contained in these particulars.

5.5 Due to the dynamic and changing nature of business activity, no representation or warranty is given that the sales particulars on this Website (or as may subsequently be supplied to you as a result of your request made through this Website) are accurate, complete or up-to-date. Liability for losses arising from any reliance on information contained in these particulars is specifically disclaimed.

6. Sellers Terms

6.1 These Terms and Conditions of Website Use relate to this Website only and are separate and distinct from any Terms of Business relating to the provision of business brokerage services to you. Should you instruct Merrill Hays to act on your behalf to introduce a professional buyer in return for a commission payment, you accept and acknowledge that further information will be needed and a specific contract between you and Merrill Hays will be required before any such contractual services can be provided.

7. Liability Disclaimer

7.1 Nothing in these Terms and Conditions of Use (or elsewhere on this Website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence.

7.2 While we have made every attempt to ensure the accuracy of information contained on this Website, Merrill Hays is not responsible for any errors or omissions that may appear. No representation or warranty is given that the material on this Website is complete or up-to-date. Reliance on such information and materials by you are at your own risk.

7.3 The information contained on this Website is provided "as is" without warranty of any kind, whether express or implied, including, but not limited to warranties of completeness, quality, accuracy, suitability, merchantability or fitness for any particular purpose. You should not act on any of the information contained on this Website without seeking independent professional advice. Nothing on this Website constitutes advice, nor does the transmission, downloading or sending of any information or material contained on this Website create any contractual relationship.

7.4 Merrill Hays cannot warrant that this Website will be uninterrupted or entirely error free at all times or that you will always be able to access this Website. This Website is provided on an "as available" basis. Merrill Hays will not be responsible to you, for any interruption or delay that you experience in accessing this Website, or if we are unable to provide this Website for any reason beyond our control.

7.5 Whilst we make all reasonable attempts to exclude viruses from this Website, we cannot ensure their total exclusion and no liability is accepted for them or their effect. You are therefore recommended to take all appropriate safeguards at all times when accessing and using this Website.

7.6 Certain images on this Website are from royalty-free stock image libraries and are used for illustrative purposes only. Such images are not, and should not be considered, a representation or visualisation of any specific business, property, person or service on offer.

7.7 Merrill Hays hereby excludes liability whether in contract, tort, by statute or otherwise in respect of any consequential, indirect, special or similar loss or damage of any kind arising out of or in connection with your use of this Website or your reliance on the information, opinions, advice or materials contained on this Website including without limitation: loss of revenue or profits, loss of business, loss of goodwill, loss of opportunity or corruption of data and/or downtime.

8. Third Party Links

8.1 This Website may include links to other internet sites purely as a convenience to you and their use is at your own risk. We do not endorse any such websites and we are not responsible for the information, material, products or services contained on or accessible through those websites.

8.2 You may only link to this Website with our express written permission. We expressly reserve the right to withdraw our consent at any time to a link which in our sole opinion is deemed inappropriate or harmful to our Website.

9. Intellectual Property Rights

9.1 The material on this Website (including the design, arrangement, layout, logos, trade names, photographs, wording and content) and all sales particulars, documents and correspondence issued by Merrill Hays are copyright works owned absolutely by Merrill Hays Limited, and may not be copied, distributed, published, licensed or reproduced in any way without our express written consent. We also reserve all intellectual property rights (including trade marks, both registered and unregistered) attaching to our name and to our domain names.

9.2 Certain images on this Website are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.

10. Indemnity

10.1 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to third parties in settlement of a claim or dispute on the advice or our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions of use, or arising out of any claim that you have breached any provision of these terms and conditions of use.

11. Termination

11.1 If you breach these Website Terms and Conditions of Use in any way, we shall be entitled to take such action as we deem appropriate to deal with the breach including, but not limited to, suspending your access to and use of this Website (with or without notice), blocking computers using your IP address from accessing this Website, contacting your internet service provider to request that they block your access to this Website or bringing court proceedings against you. The responses described in this clause are not exhaustive, and we may take any other action we reasonably deem appropriate.

12. Amendments

12.1 Merrill Hays reserves the right to modify these Website Terms and Conditions of Use at any time without notice. Any such modification will be effective and binding immediately on posting on this Website. If you continue to use this Website after the date on which the change comes into effect, your use of this Website indicates your agreement to be bound by the new Terms and Conditions.

13. Entire Agreement

13.1 These Website Terms & Conditions of Use, together with the Privacy & Cookies Policy, set out the entire agreement between you and Merrill Hays in relation to your use of our Website, and supersede any and all prior terms, conditions, warranties and/or representations in respect of your use of our Website.

14. Severability

14.1 If any provision of these Terms and Conditions of Use is determined by any court or other competent authority to be invalid or unenforceable, the other provisions will continue in effect. If any invalid or unenforceable provision would be lawful and enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will remain in full force and effect.

15. Law & Jurisdiction

15.1 Use of this Website and any matters arising are subject to the laws of England which shall exclusively govern the interpretation, application and effect of these Terms and Conditions of Use. The courts of England shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this Website and its use. Save as specifically provided otherwise, this Website is targeted only at, and the services are only available to, UK residents. Any persons or organisations outside the UK viewing this Website are advised to take specialised legal advice before proceeding.

Copyright © July 2015 Merrill Hays Limited. All Rights Reserved.