TERMS AND CONDITIONS OF BUSINESS OF BRADSHAW DIXON & MOORE LIMITED
1.1 Bradshaw Dixon & Moore Limited may be referred to as “BDM”;
1.2 These terms and conditions comprise BDM’s Terms and Conditions of Business (“Terms”) with practitioners who are its clients (“Practitioners”);
1.3 The Terms are to be read in conjunction with and construed in conjunction with:
(i) BDM’s Agreement(s) with a Practitioner;
(ii) Where engaged in with a Practitioner from time to time, BDM’s Pilot Trial Agreement(s);
(iii) BDM’s Terms and Conditions including Disclaimer for use of BDM’s website; and
(iv) BDM’s note on the manner of its compliance with the Data Protection Act, 1998.
- Practitioner’s Duty to BDM
2.1 In relation to the services (“Services”) which BDM provides to Practitioners from time to time, BDM relies on the Practitioner for the accuracy of all statements, information and representations notified in writing to BDM by the Practitioner;
2.2 Practitioner agrees fully and completely to indemnify BDM from the consequences of, or in respect of any loss caused by, inaccuracies or misrepresentations for which he is responsible and on which BDM has relied in respect of providing the Services.
- Method of Payment of BDM’s Fee
BDM’s fees will be paid by Practitioner in accordance with the method agreed in the Agreement(s).4. Miscellaneous
4.1 A reference to a party shall include reference to an individual, partnership, body corporate, unincorporated association, assignees or successors in title.
4.2 Words in the singular shall include the plural and words indicating a particular gender shall include the other gender and vice versa.
4.3 These Terms shall be construed in accordance with English Law and the parties irrevocably agree to submit to the exclusive jurisdiction of the English Courts.
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TERMS & CONDITIONS AND DISCLAIMER FOR USE OF WEBSITE OF BRADSHAW DIXON & MOORE LIMITED
13. BDM will not be liable for any damages (including, without limitation, damages for any consequential loss or loss of business opportunities or projects, or loss of profits) howsoever arising and whether in contract, tort or otherwise from the use of or from the inability to use the Site, or any of its contents, or from any action or omission taken as a result of using the Site or any such contents.
14. BDM makes no warranty that the contents of the Site are free from infection by viruses or any other element which has contaminating or destructive properties and BDM shall have no liability in respect thereof.
15. The Site may, from time to time, contain links to external, third party sites located on servers which are maintained by third parties; it is understood and accepted that BDM has no control over such third party sites and therefore no control over their content and accordingly information that may be accessed from the Site via hypertext link is available solely on the basis that BDM disclaims all responsibility or liability (including for negligence) in respect of any of the material contained on or accessible from such sites and servers.
16. Where, from time to time, part of the Site contains advertising and other material submitted to BDM by third parties, it is understood and accepted that it is those advertisers solely who are responsible for ensuring that such advertisements and other material so submitted for inclusion on the Site comply with all relevant laws and regulations; although acceptance of advertisements on the Site is subject to the terms and conditions of BDM as regards advertising (which terms and conditions may be made available on request) BDM will take no responsibility for any error, omission or inaccuracy in advertising materials and does not accept liability in respect of any of them.
17. To the full extent permissible by law, BDM disclaims all responsibility (including any implied terms) for any damages or losses (which, without limitation, would include financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from anyone’s use of or inability to use the Site or from anyone’s use of or inability to use any material appearing on the Site, or from any action or decision taken as a result of using the Site or as a result of using any material on the Site.
18. The contents of the Site and their use are governed by English law and users agree to submit to the jurisdiction of the English courts with respect to any issue which may arise.
MANNER OF ITS COMPLIANCE WITH THE DATA PROTECTION ACT 1998
- In this Data Protection Note, a “Practitioner” is a practitioner who uses the website (“Site”) of Bradshaw Dixon & Moore Limited (“BDM”) in relation to one or more modules of BDM’s automated, online services which are designed to assist a Practitioner and their client (“Practitioner’s Client”) in the area of pensions within the ancillary relief process (any or all of which modules or services can be referred to as “Pension Relief Service”).
- In order to provide the Pension Relief Service, BDM will need to be supplied with information (“Information”) which may include accounts and personal financial details, such Information to be supplied by the Practitioner and / or other sources such as the bank of the Practitioner’s Client and credit reference agencies.
- BDM may also, when authorised in writing by the Practitioner’s Client (or by the Practitioner on behalf of the Practitioner’s Client) apply to the professional or other advisers of the Practitioner’s Client for information which is supplementary to the Information.
- BDM will record the Information (whether in manually operated or automated systems) and retain it only as long as required by law to do so and BDM will keep it as securely as possible.
- BDM will use the Information only to provide the Pension Relief Service.
- BDM will disclose such of the Information as is necessary to comply with any legal or regulatory requirements to which BDM may be subject.
- Except as permitted by this Data Protection note and in order to provide the Pension Relief Service as required by legal or regulatory requirements, BDM will only disclose Information to those to whom Practitioner or Practitioner’s Client may specifically (in writing) authorise disclosure.
- BDM may also use the Information to monitor and analyse its business and by the Practitioner’s use of the Site the Practitioner consents to this on behalf of himself and on behalf of Practitioner’s Client.
- A Practitioner or Practitioner’s Client has the right to apply to BDM for details of the Information which BDM holds about the Practitioner’s Client and an administrative charge may be made by BDM for so complying.
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- Privacy Statement of Bradshaw Dixon & Moore Limited
1.2 Under the Data Protection legislation, BDM must comply with certain regulations designed to ensure that any data provided is processed with proper care and attention, but in any event BDM is committed to safeguarding the privacy of Practitioners and Practitioner’s Clients where the Practitioners use BDM’s site (“Site”) and the following explains the information-gathering and dissemination practices of BDM relating to the Site.
- Data collected by BDM
2.1 For the purpose of the Pension Relief Service, personal and financial data is collected by BDM, which information may include (but may not necessarily be limited to) in relation to the Practitioner’s Client his name and address, marital and other details and / or the name and address, marital and other details of any other parties involved in the Pension Relief Service.
2.2 Supplementary information relevant to the Pension Relief Service may be collected by BDM and (by way of example, but not necessarily exclusively) may include the medical, marital or other information relating to the Practitioner’s Client or to other parties.
2.3 In addition, information may be collected by BDM automatically (which information could include demographic data, geographic trends and browsing patterns) in order to assist strategic development, to audit usage of the Site and generally to provide BDM with an enhanced understanding of the Practitioner’s Clients of the Practitioners using the Site, as a group of Practitioner’s Clients. Such information would only be used in aggregate form and would not contain information of a personally-identifiable nature.
- Third parties.
4.1 Where necessary, BDM may pass to third parties who help BDM in relation to the Pension Relief Service information concerning the Practitioner’s Clients.
4.2 In addition to the purpose specified in clause 4.1 above, BDM may share aggregate information with selected third parties concerning Practitioner’s Clients, though in this event BDM will disclose neither individual names nor any identifying information.
- Safeguarding of data.
- ‘Cookies’ and their use.
It is understood that small items of personal information are stored by one’s browser on the hard drive of one’s computer and are used to maintain and track information to allow the server to take back information from the browser (which items may be referred to as “Cookies”); accordingly, where the Practitioner’s computer is shared with other people, it is recommended by BDM that when the Practitioner signs out of the site he should select the “Don’t remember my details” option, as by so doing the Practitioner should remove all details from the Cookie.
- Accessing, Correcting, or Removing your Data.
7.1 Practitioner’s Clients have the right to check whether BDM holds personal information about them, to access such personal information and to correct any personal
information about them that is inaccurate or out-of-date.
7.2 Where the disclosing of an item of information would interfere with the privacy rights
of another person or where it would breach confidentiality attaching to that item of
information, BDM will withhold access from certain portions of the database record
pertaining to the Practitioner’s Client.
7.3 If a Practitioner’s Client wishes to exercise his right of access to personal information
pertaining to him, or if he wishes to make further inquiries or complaints about the
Managing Director of BDM at firstname.lastname@example.org or post a letter to the
Managing Director of BDM at Bradshaw Dixon & Moore Limited, P.O. Box 2000,
Littlehampton BN16 9BP.
7.4 In the event that a Practitioner’s Client wishes access to personal information
pertaining to him, he will require to verify his identity to BDM.
7.5 BDM may make an administrative charge to the Practitioner’s Client for providing
access to personal information pertaining to him.
7.6 It is understood that the processing of an application for access to personal
information pertaining to a Practitioner’s Client may take up to 30 days.
or because of legislative changes) such alterations will be posted on these Privacy
Policy pages and may also be announced via the Site.