VALIUS GROUP LTD – Terms & Conditions
INTRODUCTION
Who we are:
We are Valius Group Ltd, a company incorporated and registered in England and Wales with company number 13892121 whose registered office address is at Unit 3B, Trident Business Centre, Amy Johnson Way, Blackpool, United Kingdom, FY4 2RP (referred to herein as either “we”, “us” “our” or the “Company”).
We have developed and host at www.valiusgroup.co.uk.co.uk / www.valiusgroup.com (the “Website”) an online database (the “Database”), which contains a collection of data concerning a range of businesses available for sale from time to time, derived from a variety of third-party suppliers.
We operate a membership service pursuant to which a party can sign up to receive access to the Website and Database by becoming a member. Each such party is referred to herein as “you”, “your”, “they”, “their” or a “Client”. The provision by the Company of access to the Website and Database to a Client is referred to herein as being the “Service”.
By signing up as a member and accessing the Service, you confirm to the Company that you understand that the Service the Company provides is to act solely as a provider of data for the purpose of effecting introductions and acting as an intermediary. The Company does not act as an agent for you or any other party. The Company offers the Service as a free access service and it is the personal choice of the Client to use the Service on this basis.
In order to become a member of the Service, you will need to complete some online membership information.
The following terms and conditions of use (“Terms”), including the “Authorised Use Policy” and the “Privacy Policy” (provided further below), form the agreement and basis upon which you may access the Website and the Database as part of the Service.
Specific terms may be agreed between you and us on a case-by-case basis.
In the event of any conflict between these Terms and any specific terms and conditions agreed between you and us, the specific terms will prevail.
The agreement between you and us comes into effect on the approval by us in writing (including email) of a membership application.
The Authorised Use Policy below applies to all Clients who access the Website and Database having become a member of the Service and you agree to adhere to the following principles of acceptable conduct.
You agree to:
use the Website and Database only to access the data which is available from time to time in relation to a number of businesses which are currently available for sale;
not circumvent or attempt to circumvent any security protection on the Website or Database including (without limitation) not re-registering as a user of the Website or Database if your use of the Website and Database has previously been terminated by us for breach;
keep passwords and any material used to access the Website or the Database or any limited part thereof confidential;
not breach, in any way, the Data Protection Act 2018, the General Data Protection Regulation (“GDPR”), any regulations, standards, or codes of practice made pursuant to either of the foregoing, or any acts or regulations amending, supplementing or replacing the Data Protection act 2018 or the GDPR or otherwise governing the use of personal data (together “Data Protection Legislation”);
without limitation to the previous point, not to use the Website or Database to process any person’s personal data;
without prejudice to the foregoing, not be discriminatory (whether on the grounds of race, sex, sexuality, disability, marital or family status or on any other protected status grounds) or in our reasonable opinion do anything which might constitute biased or hate speech;
not, in our reasonable opinion, be offensive, harassing, defamatory or abusive;
not use the Website or Database in ways which are unlawful or fraudulent, or have any unlawful or fraudulent purpose or effect or which breach the Proceeds of Crime Act, the Terrorism Act and any legislation expanding upon or replacing the same (together the “Anti-Money Laundering Legislation”);
not upload anything to the Website or the Database which contain viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and
inform us as soon as reasonably practicable if you become aware you are or may be in breach of any of the above points and comply with any reasonable directions given by us with respect to remedying the situation,
and we reserve the right, without liability or prejudice to any other rights we have arising out of the above, to disable access to any material and/or terminate your access to the Website or the Database.
The Authorised Use Policy forms part of the Terms and breaches of the Authorised Use Policy by you will constitute a breach of the Terms and entitle us to terminate your use of the Service and to seek damages for breach as further set out in the Terms.
Terms
- Introduction
1.1 These Terms, including the Authorised Use Policy above and Privacy Policy below, apply to the provision of the Service and your use of the Website and Database.
1.2 No additional or substitute terms put forward by you will apply to the provision of the Service or your use of the Website and Database save where these have been expressly agreed in writing by us.
1.3 By signing up to the Service, you are deemed to have accepted the Terms, Authorised Use Policy and Privacy Policy in the form contained herein.
- Data Protection
2.1 Any personal data of any individual gathered in the course of you applying for membership, your use of the Website or the Database or the provision by us of the Service will be processed by us in accordance with the terms of our Privacy Policy (see further below).
2.2 With respect to any personal data provided by you, you acknowledge that you remain the controller of that personal data and we will act solely as a data processor in relation to it.
2.3. Except as set out below, we will only process such data on the express authority of the Client who is the data controller in respect of that data.
2.4 Nothing in the above shall prevent us complying with the directions of a relevant authority under the Anti-Money Laundering Legislation.
- Your use of the Website and Database
3.1 We hereby grant you a non-exclusive, non-transferable, limited, right to use the Website and Database for the purposes set out herein, in accordance with these Terms.
3.2 The Website and Database and all content therein is made available to you on a limited licence basis, and all rights and title in and to the Website and Database and all content therein not expressly granted under these Terms are expressly reserved to us and/or the applicable licensor.
3.3 Either you or us may terminate the licence and the agreement:
3.3.1 on not less than 30 days written notice to the other; or
3.3.2 otherwise in accordance with these Terms.
3.4 You must not remove or alter any copyright and other proprietary notices contained within the Website or Database.
3.5 Neither the Website or Database nor any part of or content therein may be distributed, reproduced, modified, transmitted, reused, re-posted or used for public or commercial purposes without our prior written permission.
3.6 If you fail to comply with any term of these Terms, we may (without prejudice to any other rights we may have) suspend provision of the Website and Database or any applicable account or Service provided by us to you and/or terminate it immediately (and where we do so, we will always try to give you reasonable notice but you acknowledge that we may not always be able to do so where we reasonably feel such suspension or termination is necessary to protect our commercial interests).
3.7 You shall compensate and keep us fully protected against all claims, costs, damages, expenses (including legal fees) incurred by us arising out of and/or in connection with any breach by you of any of these Terms or the Authorised Use Policy, including any use of the Website and Database otherwise than in accordance with these Terms or the Authorised Use Policy.
3.8 Termination of the agreement between us shall not affect any rights and liabilities of either of us that accrued before the date of termination and shall not affect any provision of this agreement that is expressly or by implication intended to continue beyond termination.
3.9 Memberships will renew on a rolling monthly basis, until such time as they are terminated by you or us in accordance with these Terms.
- Warranties and Liability
YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CLAUSE
4.1 The Website, Database and all content, functionality and features therein provided by us as part of the Service (the “Materials”) are provided “as is” and without warranties or representations of any kind either expressed or implied.
4.2 To the greatest extent permitted by law, we disclaim all warranties of satisfactory quality and fitness for a particular purpose or that content, information displayed in or on the Website and Database is accurate, complete, up-to-date and/or does not infringe the rights of any third party.
4.3 We do not warrant that the functions contained in the Materials will be uninterrupted or error-free.
4.4 Unless expressly stated otherwise in this agreement and to the extent permitted by law, we do not give any other representation, warranty or recourse, express or implied and we hereby exclude all terms, representations and warranties that might otherwise be implied into this agreement.
4.5 Except for any liability for personal injury or death caused by our negligence, or liability for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited as a matter of law, we shall not be liable for any damages, loss or injury arising in connection with these Terms and/or your use of, or the inability to use, the Website and Database, howsoever caused and whether arising in contract, tort (including negligence) or otherwise.
4.6 Without prejudice to any of the foregoing provisions, in no circumstances shall we be liable for any of the following:
4.6.1 loss of profits, loss of business, loss of anticipated savings or loss of reputation (whether direct or indirect);
4.6.2 loss of or damage to data; or
4.6.3 any indirect or consequential damages.
4.7 While we use reasonable efforts to ensure that the Website and Database is free from viruses and other malicious content, neither we nor any other party involved in producing or delivering the Website and Database assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, the Website or Database or your downloading of any materials, data, text, images, video or audio from the Website or Database.
4.8 Except where required by applicable law, we shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website or Database.
4.9 When the Website and Database is accessed on a mobile device, in order to operate it will make use of your mobile data connection. You are advised to check charges and terms with your communications service provider if using the Website and Database abroad or in circumstances where roaming or data charges may apply. We are not liable for any data or other charges incurred as a result of your use of the Website or Database.
4.10 You acknowledge and agree that you must satisfy yourself by means of your own detailed enquiries as to the viability and desirability of a potential acquisition of a business whose details are held on the Website and Database.
4.11 Any transactions resulting from the information which is obtained by a Client pursuant to their use of the Website and Database are personal to the parties to those transactions and the Company is not liable in any respect for any issues or liabilities arising to those parties or from any such transactions.
4.12 We shall not be liable for any loss or damage caused to you as a result of you acting or not acting (as the case may be) on the data comprised on the Website and Database.
4.13 We confirm that we are not representing or acting for or on behalf of any of the businesses for sale whose details are held on the Website and Database.
- Information received or hosted by us during your use of the Website and Database
5.1 We do not retain any data about your usage of the Website and Database other than as set out in our Privacy Policy.
5.2 For the avoidance of doubt, we may anonymise and aggregate data relating to transactions using the Website and Database and shall own and have the right to exploit such anonymised data for our own business purposes, provided that the data is held in a form which cannot be disaggregated to reveal individual transaction details.
- Acceptable Use Policy
In your use of the Website and Database, you agree that you will adhere to the Acceptable Use Policy set out above.
- Confidentiality
7.1 You agree and undertake to us that all information supplied to you by way of the Website and Database as part of the Service shall be used by you for your private use only.
7.2 On becoming a member of the Service, you will be required to complete some basic personal information (excluding banking details), before being given access to the Website and Database.
- Changes
8.1 We reserve the right to make changes to the functionality, features, feature or content of the Website or Database at any time.
8.2 We may make changes to these Terms (including the Authorised Use Policy and Privacy Policy) on not less than 30 days written notice.
8.3 We may make changes to these Terms (including the Authorised Use Policy and Privacy Policy) on less than 30 days written notice to the extent that such changes are required to comply with law or the rules of any regulator or competent authority.
- Variation
Unless otherwise required by law or any regulatory or governmental authority, no purported variation of these Terms, the Authorised Use Policy or Privacy Policy will be effective except with the prior written consent of the Company.
- Third Party Rights
These Terms, the Authorised Use Policy and Privacy Policy are personal to you and the Company and may not be enforced by any third party, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Governing Law and Jurisdiction
11.1 These Terms, the Authorised Use Policy and Privacy Policy shall be governed by the laws of England and Wales and any matter or dispute arising in connection with them or in connection with the Website and Database shall be subject to the exclusive jurisdiction of the courts of England and Wales.
11.2 You are responsible for compliance with applicable local laws relating to the use of or otherwise connected with the Website and Database.
11.3 To the extent that the Website, Database or any activity contemplated by the same would infringe any law of a jurisdiction other than England and Wales, then you are prohibited from accessing or using the Website and Database or attempting to carry on any such offending activity and this provision shall override all other provisions of these Terms.
- 12. Notices
12.1 A notice given to a party under or in connection with these Terms, the Authorised Use Policy and Privacy Policy shall be in writing and shall be:
(a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
(b) sent by email:
(i) by the Client to the Company to: support@valiusgroup.co.uk (or an address substituted in writing by the Company and served on the Client); and
(ii) by the Company to the Client to the email address provided by the Client when signing up to the Service.
12.2 Any notice shall be deemed to have been received:
(a) if delivered by hand, at the time the notice is left at the proper address; or
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9:00 am on the second business day after posting. In this clause 14.2(b) business day means a day other than a Saturday, a Sunday, or any other day which us a public holiday; or
(c) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 14.2(c) business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
12.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
The following is the Privacy Policy referred to in the Terms:
Who we are
We are Valius Group Ltd, a company incorporated and registered in England and Wales with company number 13892121 whose registered office address is at Unit 3B, Trident Business Centre, Amy Johnson Way, Blackpool, United Kingdom, FY4 2RP (“we”, “us”, “our” or the “Company”).
We have developed and host at www.valiusgroup.co.uk/www.valiusgroup.com (the “Website”) an online database (the “Database”), which contains a collection of data concerning a range of businesses available for sale from time to time, derived from a variety of third-party suppliers.
We operate a membership service pursuant to which a party can sign up to receive access to the Website and Database by becoming a member. Each such party is referred to herein as “you”, “your”, “they”, “their” or a “Client”. The provision by the Company of access to the Website and Database to a Client is referred to herein as being the “Service”.
Your information is as important to us as it is to you, and we take very seriously our responsibility to safeguard it and use it fairly and responsibly.
Our approach to privacy
This Privacy Policy applies in relation to individuals who are natural persons who are accessing or using the Website or Database.
This Privacy Policy sets out who we are, what information we might collect, and what we do with that information. It also explains what your rights are. This Privacy Policy informs you how we use, store, protect and disclose your personal information when it is in our hands.
We principally collect and process your information in accordance with your instructions, and we act as data processors for our Clients. We are required to comply with your directions as to how you want us to use your information and the terms of any assurances we have given you about privacy, subject always to applicable laws. Whilst we will process such data in accordance with this Privacy Policy, the ownership of such data vests in the Client providing it.
The only time when we process personal data as data controllers are:
- Where we gather information relating to individual users of the Website and Database, for the process of signing them up to become a member of the Service; and
- Where we gather data from user devices by means of cookies. Our cookie policy, including details on how we manage cookies, is available on our Website at – https://valiusgroup.co.uk/cookie-policy/
Our legal basis for processing your data for the above purposes are based on (a) compliance with relevant legal obligations on us; or (b) on the basis that the processing is necessary for our legitimate interests.
Where we get your personal information
We collect your personal information from a range of sources:
When you visit our Website or access the Database; and
When you sign up to become a member of the Service.
What information we collect
Personal data may include:
Biographical information that you have supplied to us.
Location information, meaning data which reveals the geographic location of you and your device.
Metadata, which means information about the way in which our Website and Database is used and how it functions on your system. Metadata does not include any personal information about you. We collect metadata via Google Analytics in order to improve the usability and performance of our Website and Database.
Password and other authorisation or validation data used by you to access the Website and Database.
Sharing information with third parties
We do not disclose any information about you to any third party for marketing, advertising or promotional purposes, unless you have given us express consent to do so or unless otherwise described in this Privacy Policy.
We may share your personal information with:
Our partners, who provide us with IT and support services to help us manage and store information,
and who may require such information for the performance of any contract we enter into with them.
Our group companies, who may provide related or ancillary services.
We may also share your personal information in the following circumstances:
If we believe that it is reasonably necessary to comply with a law, regulation or legal request.
If we sell, transfer or otherwise share some or all of our assets in connection with a merger, acquisition,
reorganisation or sale of assets, or in the event of bankruptcy. We will endeavour to provide you with
notice prior to the transfer of your personal information to the new entity.
Security
The transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, for example by providing data encryption, we cannot guarantee the security of your data transmitted through our Website. Any transmission is at your own risk. However, we take the privacy of your personal information very seriously and use a number of methods to try to keep your personal information secure from loss or unauthorised use or access when it is in our possession or control. These methods include reasonable physical, technical and organisational measures to restrict access to your personal information. For example, your personal information is encrypted when stored or transmitted by us.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Where required by applicable law, we will notify you of any loss of or unauthorised access to your personal information, and we will cooperate with the appropriate authorities to investigate such incidents.
International transfers of information
We are a UK company with a UK trade. We use “cloud-based” storage solutions]. We will never process your data outside the UK or the European Economic Area except in strict compliance with the Data Protection Legislation, for example by ensuring that we have a contract with our service providers located outside the UK or EEA which incorporates standard contractual clauses dealing with data protection.
We take steps to try to ensure that your personal information is kept secure regardless of its location, in compliance with applicable laws. your consent to this Privacy Policy followed by your submission of personal information represents your agreement to that transfer.
Retention of your information
We retain your personal information for as long as it is necessary for us to provide the Service or for the purposes for which the personal information was gathered.
Your rights
Privacy legislation gives you the right to access all information we have about you. If you want to review any data we might have on you, please contact us on support@valiusgroup.co.uk and we will facilitate the data access request.
You also have the right of erasure, meaning you can request data we hold in respect of you to be deleted in certain circumstances. To do this please reach out to us on support@valiusgroup.co.uk and make an official request to remove any data you may wish us to delete.
Compliance and Updates
Technologies, privacy laws and our way of doing business change from time to time, and so do your rights and expectations. To make sure we are up to speed, we make updates to this Privacy Policy from time to time. When we make those changes we will always publish the updated versions on our website here – https://valiusgroup.co.uk/privacy-policy/
We work with regulatory authorities to ensure that we are up to the standards set out.
Your Assent
When you sign-up to become a member of the Service, you will be asked to indicate that you have read and agreed to this Privacy Policy. Your use of our Website and Database is also subject to this Privacy Policy. In giving your assent to the terms of this privacy policy, you agree to:
The collection and use of your personal information by us in the manner described in this
Privacy Policy;
The disclosure of your personal information to the third parties described in this Privacy Policy; and
The transfer of your personal information to countries around the world, including outside the UK or the European Economic area, where such transfer is permitted by and in strict accordance with applicable data protection legislation.
Contact us
If you have any questions, comments or concerns about this Privacy Policy, or our approach to privacy generally, you can email us at support@valiusgroup.co.uk or write to us at our registered office – Unit 3B, Trident Business Centre, Amy Johnson Way, Blackpool, United Kingdom, FY4 2RP.