PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What’s in these terms?

These terms tell you the rules for using our website https://www.marstonholdings.co.uk/ (our site).

Who we are and how to contact us

www.marstonholdings.co.uk is a site operated by Marston Holdings Limited (“We”). We are registered in England and Wales under company number 04305487 and have our registered office at Rutland House 8th Floor, 148 Edmund Street, Birmingham, B3 2JR

Parts of our business are regulated by Financial Conduct Authority and the Solicitors Regulation Authority.

We are a limited company.

To contact us, please find more information here:

None of the information presented on this website constitutes legal advice in relation to civil or High Court Enforcement, we recommend that you should seek independent legal advice.

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Policy https://www.marstonholdings.co.uk/marston-holdings-privacy-notice/. See further under How we may use your personal information.
• Our Cookie Policy https://www.marstonholdings.co.uk/cookie-policy/, which sets out information about the cookies on our site.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our users’ needs and our business priorities.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. Where applicable, we will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Our site is only for users in the UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

How you may use material on our site

Any logos, trade marks, service marks or domain names of the companies with which we have a business relationship, remain the intellectual property rights of those companies, and you may not reproduce them without prior written consent from them.

Other than the above, we are the owner or the licensee of all intellectual property rights, including, without limitation, all logos, trade marks, service marks, domain names, database rights, rights in designs, rights in know-how, patents and rights in inventions (whether registered or unregistered) and all other intellectual or industrial property rights in any jurisdiction and in any information, content, materials, data or processes contained in or underlying this website and/or services we provide, belong to Marston (Holdings) Limited. Those works are protected by copyright laws and treaties around the world. All rights of Marston (Holdings) Limited in such intellectual property rights are hereby reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us here.

Our responsibility for loss or damage suffered by you

The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy.

These terms do not affect our liability to you in any way for: personal injury or death arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter made by one or our employees or agents, nor any other liability which cannot be excluded or limited under applicable law.

To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

• loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill;
• wasted management or office time; and
• any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

Under no circumstances will we be responsible for any losses which arise in connection with an event or series of events which is/are outside of our reasonable control.

How we may use your personal information

We will only use your personal information as set out in our https://www.marstonholdings.co.uk/marston-holdings-privacy-notice/.

Uploading content to our site

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

Prohibited use

You agree to use the website for lawful purposes only and in a manner that does not infringe the rights of, or restrict the use of the website by, any third party.

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the website nor may you attempt to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the website.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

We are not responsible for viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks are registered

The logos and word marks on this website are registered trade marks of Marston (Holdings) Limited. You are not permitted to use them without our approval.

Login details

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

Inputting data

Where our website requires you to input data into an electronic form or information field, it is important that you check all the details are correct, in particular spelling and numbers where errors can arise, before submitting the form. You are responsible for ensuring that the details you input into the website are correct and complete. Notwithstanding any other provision of these Terms, we are not responsible for any inaccuracies or errors in the service that may be completed as a result of your use of this website and/or the service due to your inaccurate or incomplete or otherwise erroneous inputting of any data relating to the service.

If you believe that data or other information has been submitted incorrectly, you should not complete a new form or using the back button on your internet browser. If you have questions about this please Contact Us. [Insert link to Contact Us page]

Payment services

Our secure online payment system is managed by a third party KeyIVR on our behalf. The payment system accepts payment by direct debit or credit card only.

If you are a third party making a payment on behalf of a debtor, by proceeding with a payment, you confirm that you have the necessary authority and/or permission to do so.

If you require confirmation of your payment, please print a copy of the confirmation screen. You will only receive an email confirmation of your payment if you include an email address with your payment.

Our main secure direct debit payment processing system is managed by a third party, Allpay, on our behalf.  Direct debit agreements are set-up via our customer service centre, a valid UK bank account is must be held for this service.

Refunds

Where a payment has been authorised by you and allocated to discharge a specific debt there is a strict no refund policy.

If you believe that a payment has been made in error or that it contains incorrect material details you must follow our complaints handling policy in our Customer Care  section.

Thank you for visiting our website.

Version 1.1

May 2021