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Terms and Conditions of Website Use


This page (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.marstonhighcourt.co.uk  (our “website”) and our services, whether as a registered client or debtor. Please read these terms of use carefully before using our website. Part A are our general terms of website use, while Part B covers our client and debtor services. Even though our client services are governed by the service agreement between the client and us, all clients must review and agree to the conditions covering online client services below. If you are debtor, please ensure that you understand our terms governing our payment services below.

By accessing our website you indicate that you accept and agree to abide by these terms and conditions.

If you do not agree to these terms of use, please refrain from using our website.

Information about us

Our website is operated by Marston (Holdings) Limited (“We, Us, Our“).  We are registered in England and Wales under company number 2512508 and have our registered office at Rutland House, 48 Edmund Street Birmingham B3 2JR.  We are a privately owned specialist UK company operating in the field of civil and High Court Enforcement. See our About Us page for further information.

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

Part A – General Terms of Website Use

Accessing our website

Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason our website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our website, or our entire website, to clients who have registered with us.

When using our website, you must comply with these website terms. You are responsible for making all arrangements necessary for you to have access to our website.  You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.

Intellectual property rights

Any logos, trade marks, service marks or domain names of the companies with which we have 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 website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.

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 authors of the material on our website must always be acknowledged.

You must not use any part of the materials on our website 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 website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Trade marks

Marston and the Marston star device are trade marks of Marston (Holdings) Limited.

Reliance on information posted

We have taken every reasonable step to ensure that the commentary and other materials posted on our website are accurate and up-to-date. However such materials are not intended to amount to advice on which reliance should be placed and cannot accept any liability for any errors or omissions.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents. We reserve the right to add, amend or delete information from this website at any time.

We assume no responsibility for the contents of any other websites to which our website may have links to and if you access any such linked websites you do so at your own risk. Our inclusion of links to such websites does not imply any endorsement by us of the materials on such websites.

Our website changes regularly

We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

Our liability to 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 and loss of goodwill.
Wasted management or office time.
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.

Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation to you, whether restitution or otherwise, arising in connection with the performance or contemplated performance of these terms shall in all circumstances be limited:

In the event that your claim is connected with an amount, claim or debt using a reference number obtained from us, £1000 or to the value of that amount, claim or debt, whichever is the higher.
In the event that your claim is connected to a payment you have made through our website, to the amount of that payment.

Any claim arising as a result of these terms must be notified to us in writing within 6 (six) months of the date that such liability arises. Failure to provide notice within this period will forfeit any claim

Privacy and Security

We take your privacy very seriously and will not use your information for any other purpose than that which we identify. We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

We process information about you in accordance with our Privacy Policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.

How we use Cookies

We use traffic log cookies to identify which pages are being viewed or used. This is for the sole purpose of analysing date about webpage traffic and to improve our website in order to tailor it to our customers needs. Further information on cookies can be found in our Privacy Policy.

Uploading material and contributing to our website

Whenever you make use of a feature that allows you to upload material to our website, such material must not be obscene, hateful, pornographic or otherwise illegal material. Any contribution to the website or communication with any other person in connection with our website must not: contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; promote illegal activity; promote sexually explicit material, promote violence and/or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; be likely to deceive any person as to the content of our website.

You warrant that any such contribution does comply with these standards, and you indemnify us for any breach of that warranty.

We have the right to remove any material or posting you make on our website if, in our opinion, such material does not comply with the content standards set out above.

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.

Linking to our website

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, but 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.

The website from which you are linking must comply in all respects with the content standards set out in these terms and conditions and should be appropriate to our business and/or needs of our customers.

Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our website other than that set out above, please address your request through our Contact page.

Links from our website

Where our website contains links to other websites and resources provided by third parties, by means of hyperlinks or emailed to you as part of our services, these links are provided for your information only. These websites are owned and operated by third parties and we have no control over the contents of those websites or resources. We accept no responsibility for any statements, information, products or services that published or may be accessible through third party websites, or for any loss or damage that may arise from your use of them.

Amendments to our terms

We may revise these terms of use at any time by amending this page. The amended terms will be effective from the date they are posted our website. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our website.

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our website, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Contacting us

If you have any concerns about material which appears on our website, or would like to contact us for whatever reason, our details are available on our Contact Us page.

Part B – Online Services

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.

Payment services

Our secure online payment system is managed by a third party Commidea 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.

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.


© Marston (Holdings) Limited 2015