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These terms and conditions set out the basis upon
which FundsReunited Ltd, ("FundsReunited", "our", "we", "us" and including our
successors and assigns) make the Website available and/or provide the Service
to you (the person using this Website). In using the Website, you agree to be
bound by them.
This is an important document and affects your rights
and obligations. It also includes exclusions and limitations that apply to you.
Therefore, you should read these terms and conditions carefully.
You should note that immediately on receiving payment
we will commence our search on your behalf. You will therefore have no right to
cancel the contract, whether under the Consumer Protection (Distance Selling)
Regulations 2000 or otherwise.
From time to time, we may change, alter or modify these
terms and conditions. Any changes, alterations or modifications will be posted
on the Website and any use by you of the Website after any such changes,
alterations or modifications have been posted shall be deemed to indicate your
agreement to them. If you do not agree to the modified terms and conditions,
you should cease use of the Website.
These terms and conditions may not otherwise be
supplemented, altered or modified unless agreed in writing with us.
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Services |
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1.1 A contract for the service of attempting to locate
lost assets, as provided by us through this website (the "Website"), and on
these terms and conditions, (the "Services") shall be created only on our
accepting your order for them or (if later) the date on which we receive
payment from you ("Commencement"). We reserve the right to reject a request for
Services for any reason and at any time. In such event we will not make any
charge and shall make a full refund. We may require you to confirm your
identity in order to receive details of a potential match.
1.2 When you enter into a contract with us for Services,
we shall carry out a search for lost assets falling within the categories you
have selected, using the information you have provided in a number of ways,
including searching our internal database and making certain enquiries of a
variety of financial institutions in the United Kingdom. We may also, at our
discretion, provide to you a bonus search with other financial institutions,
for which you will not be charged.
1.3 We shall use reasonable efforts to report to you the
results of searches, within 180 days of Commencement, subject
to appropriate institutional responses.
1.4 We may report any actual or potential matches identified through the
Services, but any given institution may notify you directly.
1.5 A potential match does not guarantee actual
entitlement. Following such a notification, you should liase directly with the
relevant institution in respect of verification by that institution. We take no
responsibility for an erroneous notification of a potential match (except when
due to our default under this Agreement) or for any act or omission of the
relevant institution.
1.6 We will notify you or request institutions to notify
you of potential matches with unclaimed assets, and will not retrieve any such
assets for you. You will need to contact the financial institution directly,
and satisfy its identity and entitlement authentication procedures before
collecting any such asset.
1.7 Currently the Service is only available in respect of
assets located in the United Kingdom. However this does not prevent you from
registering with us if you are based outside the United Kingdom.
1.8 We do not control and are not responsible for the
availability or content of any third party websites available via this Website
through a link.
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Security and
Passwords |
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2.1 Access to the certain parts of the Website
(including those related to the results of the Services) will be restricted by
a username and a password, which you will choose when you register. You will
keep them in strictest confidence and only use them for the purpose of using
the Services. You take responsibility for any person (whether or not authorised
by you) who uses your user name and password. FundsReunited will take
appropriate technological and security measures to protect the safety of
passwords and usernames. |
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Fees & Payment |
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3.1 We charge for the Services
and information tools. However, we reserve the right to change any advertised
price before you place an order and final prices are always confirmed to you
prior to you placing an order.
3.2 All fees and payments
charged to you include value added tax.
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Intellectual
Property Rights |
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4.1 The entire copyright, database right and any other
intellectual property rights in the Website throughout the world and all rights
in the domain name of the Website, the name "FundsReunited" and all other of
our trade marks shall be and shall remain either our or our licensor's
exclusive property. You obtain no rights in the Website other than the right to
use it as expressly provided in this Agreement.
4.2 The Website may be accessed for your own use only.
Other than this, you may not copy, publish, modify, transfer, commercially
exploit or otherwise use any content obtained from the WebSite.
4.3 You shall not delete or alter in any way any copyright, trademark,
intellectual property or other legal notice from the Website.
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Data Protection
& Cookies |
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5.1 Your personal details provided to FundsReunited Ltd
will not be sold or otherwise distributed to companies within the
group/associated companies/affiliated companies, unless you have agreed
otherwise. To learn more about how we deal with your personal data please see
our Privacy Policy.
5.2 We reserve the right to notify any concerns we may
have as to the propriety of a search request to the required authorities.
5.3. We may also store information about you using
cookies (files which are sent by us to your computer or other access device)
which we can access when you visit our site in future. Cookies make the
interaction between users and web sites faster and easier. Without cookies, it
would be very difficult for a web site to allow a visitor to fill up a shopping
cart or to remember the user’s preferences or registration details for a future
visit. If you want to delete any cookies that are already on your computer,
please refer to the instructions for your file management software to locate
the file or directory that stores cookies.
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Warranties &
Liability |
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6.1 The Website is provided on an “as is” basis and,
accordingly, we do not give any warranty that the Website will always be
available or be free from error.
6.2 We do however take responsibility for the Services
(when we have received payment for them from you). We warrant that we shall use
our reasonable efforts to provide those Services to you. Our Service however is
dependent upon many variables including the information provided to us by
institutions, which may be incomplete, out of date and/or inaccurate.
Furthermore, not all institutions participate in our service. For these
reasons, all other representation and warranties, express or implied, are
excluded including without limit any representation or warranty that we will
succeed in locating any lost asset even if a participating institution does
hold an asset related to you.
6.3 If we are in breach of the warranty in clause 6.2,
our only liability is to perform the Services for you again.
6.4 We exclude all liability for special, indirect or
consequential loss or damage. All other liability for loss or damage
(irrespective of whether such loss or damage is based on contract, tort
(including negligence) or otherwise, but except as provided in clause 6.5) is
limited in total to the amount paid by you for Services.
6.5 We do not however exclude liability for death or
personal injury caused by negligence or for fraud.
6.6 We shall not be liable for failure or delay in
performing our obligations if such failure or delay is due to circumstances
beyond our reasonable control, including without limitation the failure of
third parties to provide necessary or desirable services, failure of
telecommunications, infrastructure, power or other third party supplies, denial
of service or similar attacks on a web site or other reasons causing service
outages.
6.7 We are not responsible for the availability of any
third party websites or material you access through this website and are not
responsible or liable for any content, advertising, products or services on or
available from such websites, nor for any damage or loss caused, or alleged to
be caused, by or in connection with use of or reliance on any content,
advertising, products or services available on or available from such
websites.
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Restrictions on
Website Use & Deep-Linking |
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7.1 Only uses of the Website explicitly granted to you
by us by these Terms and Conditions or otherwise in writing is allowed. All
other uses are prohibited, including without limitation: any sale, licensing,
rental or distribution of your access to this Website, or of the Services; or
any publication, framing, reverse engineering or creation of derivative works
from this Website.
7.2 Whilst we encourage linking, you may not (without
our prior written permission) link to any page other than the home page, nor
place, integrate or display any bar, frame or partial frame or any additional
branding or graphic around the view of the Website presented to the internet
user.
7.3 You must not use the Service or the Website for any
purpose that is unlawful. In particular, you may not use the Website to: post
any material which is unlawful, offensive, abusive, obscene, indecent,
threatening, untrue or defamatory; infringe the intellectual property rights,
breach the confidence of or violate any other legal rights of any person;
commit or encourage a criminal offence; or transmit or distribute viruses or
corrupt data.
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Termination |
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8.1 We may terminate your right to use the Website at
any time for any reason without notice. We reserve the right to cease operating
the Website or use of the whole or any part of the website at any time.
8.2 The termination of this Agreement (for any reason)
shall; (i) be without prejudice to any other rights or remedies to which you or
we may be entitled to under this Agreement or at law; (ii) not affect any
accrued rights or liabilities to which you or we may then have; and (iii) not
affect the coming into or continuance in force of any provision of this
Agreement which is expressly or by implication intended to come into or
continue in force after such termination.
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General |
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9.1 This Agreement constitutes the entire agreement
between you and us.
9.2 If any provision of this Agreement is held by a
competent authority to be invalid or unenforceable in whole or in part,
the validity of the other provisions of this Agreement and the remainder
of the provision in question shall not be affected.
9.3 This Agreement may be assigned freely by us. It may
not be assigned by you. The Contract (Rights of Third Parties) Act 1999 does
not apply.
9.4 English law shall apply to this Agreement, and the
parties agree to submit to the non-exclusive jurisdiction of the English
courts.
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