1. These terms and conditions set out the legal relationship between Businesslink Brokers Ltd (the “Owner”) and users (the “User”) of the businesslinkbrokers.com website (the “Site”). No variation of these terms and conditions by the User shall be effective unless it is in writing and is countersigned by the Owner.
2. Definitions and interpretation: where the context demands, the use of the singular form in these conditions is deemed to include the plural form and the use of the masculine is deemed to include the feminine. A “Relevant Purchaser” means a purchaser of over 75% of the voting shares in the target company, being an individual, a group of connected individuals, a partnership, an unincorporated association or a company limited by shares or otherwise or unlimited.
3. Ownership: the businesslinkbrokers.com service and all elements of the website are the intellectual property of the Owner and its various third party providers and distributors.
4. Trade marks: all trade marks shown on the Site are the property of the Owner or of a third party proprietor. All rights attaching to such trade marks are reserved to the Owner or to such third party proprietors.
5. Use: the material constituting the Site (whether software, data, text or images) may not be reproduced sold transferred or modified unless with the Owner’s prior written consent. No licence, express or implied, is hereby granted in respect of any of the Owner’s intellectual property.
6. Liability: the information provided on the Site is for guidance only and should not be used as the sole basis for any investment decision. Certain information is provided by third parties, and whilst the Owner makes reasonable efforts to ensure that information provided through the site is accurate at the time of posting, the Owner excludes any warranty, express or implied, as to the quality accuracy completeness or fitness for purpose of the information and material contained on the Site.
7. Hypertext links: any links contained in the Site to other websites owned by any third party are provided solely for the User’s information and convenience, and the presence of such links shall not be deemed to be a recommendation or endorsement by the Owner who does not accept and shall not be deemed to have responsilbility or liability for any material, content, information, operation or transaction contained in or carried out in any third party website.
8. Access: permission to access the site is granted at the sole discretion of the Owner who may, at any time without notice and without requirement to state a reason, withdraw such permission or modify, restrict or terminate the User’s access to the whole or any constituent part of the Site.
9. Changes to the Site: the Owner may, at any time without notice and without requirement to state a reason, make changes to the appearance or functionality or contents of the Site.
10. Confidential information: all information data or documentation which the Owner may from time to time disclose relating to the Site or its content is proprietary and confidential. The User agrees:
10.1 to use all such information in accordance with these terms and conditions.
10.2 not at any time to disclose such information, whether directly or indirectly, to any third party without the prior written consent of the Owner.
10.3 to adhere strictly to the terms of any confidentiality undertaking he has made or may at any future time make in respect of any business listed on the Site either to its owner, to an intermediary or broker whom the User may contact through the Site, or to the Owner.
11. Responsibility and Indemnity: the User acknowledges and agrees that:
11.1 he is a Relevant Purchaser.
11.2 advertisements on the Site constitute an invitation to treat and not an offer for sale.
11.3 he is responsible for any liability that may be incurred as a result of his use of the Site.
11.4 he will defend and indemnify the Owner and its third party providers and distributors against any claim or cause of action brought by any third party as a result of his use of the Site other than as expressly permitted by these terms and conditions.
11.5 use of the information on the Site is not a substitute for professional judgement.
11.6 he will take independent professional investment advice before entering into any transaction arising from or making use of any information or material contained on the Site.
11.7 he is solely responsible for carrying out such due diligence as may be necessary and for verifying completeness, accuracy and reliability such information or material as he may derive from the Site.
11.8 in no event will the Owner or any third party provider of information to the Site be liable for any direct, indirect, incidental or consequential claim damage loss or loss of profit arising from or in any way connected with use of the Site, or of any information or material contained in it, or from lack of availability of the Site.
11.9 he has read and understood these terms and conditions and consents to be bound by them.
12. Communications: The User requests the Owner to communicate future business opportunities to him by email, fax or such other medium as he may from time to time designate, and agrees to accept such communications. Should the User no longer wish to receive such communications he will notify this fact directly to the Owner and not attempt to do so via any third party nor designate any such communication as unsolicited or spam. The Owner will take reasonable steps to comply promptly with the Users wishes in this respect.
13. Assignment: the user shall not assign, delegate, subcontract or otherwise dispose of any of his rights or responsibilities arising under these terms and conditions.
14. Applicable law: this agreement shall be governed by and construed in accordance with the laws of England. Disputes arising from it or concerning it shall be subject to the exclusive jurisdiction of the Courts of England, to which to the User and the Owner irrevocably submit.
15. Rights and remedies of either party in respect of these terms and conditions shall not be diminished waived or extinguished by the granting of any indulgence, forbearance or extension of time granted by such party to the other nor by any failure or delay in exercising such rights or remedies. The waiver by either party of any breach of these terms and conditions shall not prevent enforcement of any subsequent breach of that or any other provision.
16. Severability: if it any time part of these terms and conditions is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, such part shall be deemed omitted from these terms and conditions and the validity and enforceability of the remaining provisions shall not thereby be affected or impaired.
17. Entire agreement: these terms and conditions contain the entire agreement between the User and the Owner in respect of use of the Site. Each party irrevocably and unconditionally waives any right it may have to claim damages for and/or to rescind these terms and conditions because of breach of warranty not contained in these terms and conditions, or any misrepresentation not contained herein, unless such misrepresentation was made fraudulently.