TERMS OF BUSINESS – CAMPIONS FINDER
These Terms of Business issued by Campions Finder (www.campionsfinder.co.uk), as supplemented and/or amended by any provisions on the Campions Finder website and they apply to all individuals who provide data to the website and they apply to all persons. No variation of these terms shall be effective, unless it is writing and is signed on behalf of the website.
– “Director” a director of the Firm
– “Estate Agents” persons or institutions who carry out Estate Agency as defined by the Estate Agents Act 1979.
– “Firm” the Firm means Campion Solicitors and Estate Agents and any successor practice and any service company owned or controlled by or on behalf of the Firm or any of the Directors;
– “Force Majeure” means any circumstance beyond the reasonable control of the party affected by it and includes telecommunications failure, power supply failure, terrorism, fuel strikes, severe weather, computer breakdown, failure of suppliers to meet delivery requirements, industrial disputes and absence of personnel due to illness or injury;
– “Matter” any matter that the website is dealing with.
– “Personal Data” all information that individuals provide to the website.
– “Persons” all individuals who use the website for whatever purpose.
– “Regulations” The Money Laundering, Terrorist Financing and Transfer Funds (Information on the Payer) Regulations 2017
– “The 1979 Act” The Estate Agents Act 1979
– “Website” the website of Campions Finder www.campionsfinder.co.uk
1. DATA PROTECTION
1.1 How we share your personal data
What personal data we possessed. Personal data as defined by us.
1.2 How we use your personal data
We use your personal data for:
– Service provision and internal processing (i.e. to assess and/or provide and to service the matter).
– Resolving queries.
– Training and service review (e.g. to help us enhance our services and the quality of those services).
– Statistical analysis (e.g. to help us enhance our products and services or delivery channels to keep costs down).
– Complying with legal obligations (e.g. to prevent, investigate and prosecute crime, including fraud and money laundering).
When the matter is completed, we may still process your personal data where we have a legitimate interest in doing so, where we are permitted by law, or to comply with applicable laws and regulation.
Examples of such instances will include:
– Complying with legal obligations for statutory and regulatory requirements including for example, HMRC
– Returns, complaint handling, anti-money laundering.
– Electronic Archiving and Storage of your data.
– Our legitimate interests to conduct conflict of interest checks, statistical analysis and research to help us enhance our products and services.
1.3 How We Share Your Personal Data
We may share your personal data with a range of organisations which enable us to fulfil our contract with you, or where we have legitimate interests to do so, or otherwise are required by applicable law and regulation. We can provide more details specific to your personal data on request.
You have a right to complain to the Information Commissioner’s Office (https://ico.org.uk/), which regulates the processing of personal data. You may also seek a judicial remedy.
2. INFORMATION AND CONFIDENTIALITY
2.1 Information About You
We may also use it to ensure the safety and security of our premises (where we may also use CCTV); for fraud prevention purposes (including verification checks on any future money laundering obligations on the part of the firm); to assess individuals satisfaction (such as by asking you to participate in surveys); and to help improve our services generally.
We ask other organisations including but not limited to IT consultants to assist with the website. We will always seek a confidentiality agreement with these outsource providers. If you have any concerns please contact us.
We will store your information on cloud based technology. If you do not wish the personal information to be stored this way please inform us in writing immediately.
2.2 Our Duty of Confidentiality
We will treat the personal information where it is not displayed on the website as strictly confidential: –
for the purpose of communication or acting for you; or
as otherwise required by law or other regulatory authority to which we are subject.
If you do not wish us to disclose any confidential personal information then you must notify us in writing immediately.
Any information acquired by us from a third party will be owed a duty of confidence to that third party shall be under no duty to disclose to you (or take into account in the course of providing the Services) any information acquired by us in acting for any other client or any information in respect of which we owe a duty of confidentiality to a third party.
2.3 Your Duty of Confidentiality
Our advice and other communications with you are confidential (save open forms) and may not, without our consent, be disclosed by you to any third party (other than to your employees and agents who require access and who do not disclose it further) or otherwise made public except as required by law or other regulatory authority to which you are subject.
If, as a result of communications on the website of our acting for you, you acquire any information in respect of which we notify you that we owe a duty of confidentiality to a third party you will keep it confidential and not use it without our consent.
3. CUSTODY, RETENTION AND TRANSFER OF DOCUMENTS
We will, at your request, release all personal data to you electronically.
All your personal data will be retained for a period of 15 years.
4. INTELLECTUAL PROPERTY RIGHTS
We retain copyright and all other intellectual property rights in the website and all forms and documents which are ancillary to the website. You are granted a non exclusive, non/transferrable, non/sub-license to use the website and such ancillary documents solely for the purposes of the matter.
5. FORCE MAJEURE
Neither you nor we shall be liable for any failure to perform, or delay in performing, any obligations (other than payment and indemnity obligations) if and to the extent that the failure or delay is caused by Force Majeure and the time for performance of the obligation, the performance of which is affected by Force Majeure, shall be extended accordingly.
6.1 Duty of Care
We will use reasonable skill and care in the provision of the matter.
The liability of the website is covered by the Firm.
The liability of the Firm is contained in the terms of business of Campions Solicitors and is the following.
“The aggregate liability of the Firm (or of any service company owned or controlled by or on behalf of any of the Directors) and of all Directors, consultants to and employees and agents of the Firm and any service company owned or controlled by or on behalf of any of the Firm or the Directors in any circumstances whatsoever, whether in contract, tort, under statute or otherwise, and howsoever caused “(including but not limited to our negligence or non-performance), for loss or damage arising from or in connection with the Services provided shall, in relation to each Matter, be limited to the sum, unless otherwise agreed, of five million pounds (£5,000 000.00)”
6.2 Third Parties
The matter is provided to and for the benefit of you as the individual our client and you alone. No other person may use or rely upon the Services nor derive any rights or benefits from them. The provisions of the Contracts (Rights of Third Parties) Act 1999 are to that extent excluded.
The website is run by the Firm and the following applies from the Firms Terms of Business.
“The Firm alone will provide the Services and you agree that you will nor bring any claim whether in contract, tort, under statute or otherwise against any Director, or any consultant to, or employee or agent of the Firm or any service company owned or controlled by or on behalf of any of the Directors and those Directors, consultants, employees and agents shall be entitled to rely on the terms of this agreement insofar as they limit their liability.”
6.3 Current Law
The Services are provided in accordance with professional practice requirements and the proper interpretation of the law, as each exists on the date on which the relevant Service is provided. If there is any change in such requirements or the law, or their interpretation, after the relevant Matter has been concluded (or before that time but which could not reasonably be known by us at that time), we have no responsibility to notify you of, or of the consequences of, the change.
We shall communicate with you at the postal and email addresses and the telephone and fax numbers which you publish unless you ask us to use other addresses and numbers. You will notify us if you regard any communications from us as particularly confidential and the means by which you require us to make such communications and we shall have no liability to you arising out of your failure so to notify us.
Subject to any notification you may make to us under the previous paragraph, we shall not be required to encrypt, password-protect or digitally sign any email, or attachment, sent by us. We shall not be responsible for any loss or damage arising from the unauthorised interception, re-direction, copying or reading of e-mails, including any attachments. We shall not be responsible for the effect on any hardware or software (or any loss or damage arising from any such effect) of any e-mails or attachment which may be transmitted by us (save to the extent caused by our negligence or willful.
We shall not be liable for:-
any loss, damage, cost or expense arising from any breach by you of your agreement with us or any act or omission of any other person; or
any advice or document subject to the laws of a jurisdiction outside England and Wales; or
any advice or opinion given to you by any third party (whether or not nominated or recommended by us).
8. LOSS OF PROFIT
We shall not be liable for any indirect loss or damage or any loss of profit, income, production or accruals arising in any circumstances whatsoever, whether in contract, tort, under statute or otherwise, and howsoever caused (including but not limited to our negligence or non-performance).
Nothing in this agreement exempts us from liability arising from our fraud or reckless disregard of our professional obligations; or from our negligence resulting in death or personal injury; or where, in the case of a contentious business agreement, law or regulation prohibits the exclusion of such liability.
10.1 Completion of the Matter
All personal data will be on the website for a period of 3 months. At our absolute discretion that can be extended for such period as we consider appropriate.
An agreement between you and us for the provision of the matter ends on the completion of the matter. An open-ended agreement of the matter ends three (3) months after the last date on which we provided matter for you. Unless new or different terms are agreed, our acceptance of instructions to perform the matter for you subsequent to the ending of any agreement gives rise, from the time of acceptance of the instructions to a new agreement on these terms. If we provide you free of charge with any seminar, data, or other document after the ending of an agreement, such provision does not give rise to a new agreement.
10.2 Early Termination
Either you or we may terminate the provision of the matter at any time by giving written notice to the other. We will not do this without good and substantial reason, such as:-
the threat or risk of violence, injury or other danger to the physical, psychological or moral well-being of any of our personnel; or
the discovery or creation of a Conflict of Interest; or
your requesting us to break the law or any professional requirement; or
the relationship of trust and confidence necessary between the website and the individual ceasing to exist; or
your failure to give us adequate instructions; or
our being forbidden to act by the National Crime Agency; or
our reasonable belief that having the matter on the website may cause damage to the professional or personal reputation of our website and the firm or any of its personnel; or
any other breach by you of these terms.
Each of these terms shall be severable and distinct from the others and if any term is held to be illegal, invalid or unenforceable, in whole or in part, the remaining terms shall not be affected.
10.4 Equal Treatment / Equality and Diversity
Consistent with our internal policies and procedures, we will not discriminate in the way we provide our Services on the grounds of age, disability, gender re-assignment, marriage and civil partnerships, pregnancy and maternity, race (including colour, nationality [including citizenship] ethnic or national origins), religion or belief, sex, sexual orientation.
11. LAW AND JURISDICTION
The terms on which the matter is provided is governed by, and shall be construed in accordance with, English law. You and we each agree to submit to the exclusive jurisdiction of the English and Welsh courts.
12. DISCLAIMER – SELLERS FRAUD AND IDENTITY
You are warned that potential sellers of properties may not always be the true owners. This form of crime is rare but does occur. In the course of the Conveyancing process the Sellers Solicitors are required to take steps to establish the identity of the Seller. When buying from an Estate Agent they are also required to take steps to establish identity. There might therefore be an additional level of protection for buyers, buying from an Estate Agent. If you have any concerns on this then you should take legal advice or not proceed with any purchase.
13. STATEMENTS REGARDING THE ESTATE AGENTS ACT 1979
The website does not operate as an estate agent pursuant to the 1979 act section 1. It does not act for persons who wish to dispose of or acquire an interest in land or property. It does not so act either to introduce or to further secure a the disposal or acquisition of such interest.
The website carries out activities under section 4 of the 1979 act.
14. NON APPLICABILITY OF MONEY LAUNDERING REGULATIONS
The Money Laundering, Terrorist Financing and Transfer Funds (Information on the Payer) Regulations 2017 does not apply to persons who use the website for any purpose.
No business relationship is entered into with persons under section 4 of the regulations.
The website does not act as an independent legal under section 12 of the regulations.
The website does not act as an estate agent (13 above) under section 13 of the regulations.
15. ENERGY PERFORMANCE CERTIFICATES (EPCs)
Statement for Potential Sellers The Energy Performance of Buildings (England and Wales) Regulations 2012 gives the rules for Energy Performance Certificates (EPC’s). Amongst other requirements, there is one for a potential Vendor to have an EPC when a potential buyer visits the property.
16. CRIMINAL FINANCES ACT 2017
The firm and website is committed to promoting compliance with the requirements of the Criminal Finances Act 2017 within its practices as well as in those areas in which it has influence.
The firm and website does not tolerate tax evasion, or the facilitation thereof in any circumstances, whether committed by or facilitated by a client, personnel or associated persons/companies.