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Service Agreement Terms and Conditions
Introduction |
These terms of use relate to your accessing and use of this website and all related pages and describe the manner in which you may use this website. By using this website you are deemed to have read, understood and agree to these terms of use.
If you use "this website" you agree to be bound by these terms and conditions.
In these terms and conditions: "Blue Mercury Solutions" means Blue Mercury Solutions Limited (company number 06415813) whose registered office is 338 Euston Road, NW1 3BT, London, United Kingdom and any company which is at the relevant time a subsidiary or holding company of Blue Mercury Solutions Limited and any subsidiary of any such holding company (and "subsidiary" and "holding company" shall have the meanings set out in sections 736 and 736A of the Companies Act 1985) "the organisation" means the firm whose name appears on the home page located at the address as shown in the "About Us" section of this website, and "the Websites" means this Website and the Blue Mercury Solutions Website. |
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Services |
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You are free to cancel our services service by giving a full calendar month's notice.You must notify us in writing, not less than 30 days before the expiry of the Term, that You wish to terminate the Standing Order.
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If you cancel a Subscription after the Effective Start Date, You will not be entitled to receive a refund.
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In the case of cancellation of a Standing Order, unless provided otherwise in these Terms and Conditions, You will be liable to pay for all Goods dispatched pursuant to the Order during the period of 5 working days after We receive your notification to cancel.
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It is your responsibility to cancel any futurepay agreement after this period. Any additional amounts received after the one month's cancellation notice period which is not owed for any services provided will be refunded to you. An amount of £10 or 5% of the extra amount which ever is the greater will be deducted to cover administration fees. It is important that all requested amounts are paid promptly in order to prevent disruption to your service. Failure to pay for one or more parts of your service may result in the whole of your service being suspended or cancelled by us. Reactivation of a suspended account will be subject to a reactivation charge. Blue Mercury Solutions accept no responsibility for loss or personal injury caused to clients of guests when visiting our premises.
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On any account postage fees held will be refunded in the event of cancellation subject to a £5 deduction for administration charges. Any additional charges will be payable when invoiced. Blue Mercury Solutions reserve the right to charge interest at 4% above the Bank of England base rate and /or suspend services in respect of invoices outstanding for 14 days or more.
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We reserve the right to ask for a deposit to be paid before resuming services.
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Mail services |
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Customers receiving mail forwarding services must keep a float of at least £25 on their account to cover future postage charges. Where average postal charges are greater than this amount, Blue Mercury Solutions reserve the right to increase the level of the float to a higher amount. Multiple company names and/or trading names cannot be applied to a single virtual office mail forwarding account. If one company has multiple trading names, and it is expected that post will arrive for more than one trading name, each extra trading name will be charged at a rate of £5 + VAT per month.
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Post will not be forwarded for trading names that have not been registered with us and paid for. If you have an arrangement to collect items from our premises it is important that you collect the item(s) promptly.
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We will endeavour to inform you that there are items for collection as soon as is practicable. We will normally hold post for one week before returning these items. Parcels not collected within 2 working days (including the day of receipt) may be retained but will incur storage charges of £10.00 per day per item commencing on the third day, which will have to be paid before the item is released. We retain the right at our own discretion to dispose or return to sender any items not collected after a two week period. All parcels we receive (regardless of when they are collected or sent out) will automatically incur our standard handling charge of £10.00 per item. This handling charge will be deducted from your Postal Charges account. A parcel is defined as any item weighing over 2kg. Furthermore we will be unable to accept parcels which are deemed by us too large for retention. We must impose this limit because we are primarily a mail-forwarding service and do not have the storage facilities to house large parcels.
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The mail forwarding services provided do not allow for the use of any of our addresses as a registered office address. The registered office is another service we provide.
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All services provided by Blue Mercury Solutions and any information provided by you in the course of our business relationship will be kept strictly confidential.
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Your name will not be provided as a reference without your permission. We are working with the major banks and other organisations to detect and prevent credit card fraud. We therefore reserve the right to request appropriate documents such as passports, utility bills and so on in order to establish correct authority for the use of any credit card details given to us.
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Disclaimer |
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The information contained in this Site is for general guidance on matters of interest only. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this Site. Accordingly,
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The information on this Site is provided with the understanding that the authors and publishers are not herein engaged in rendering professional advice and services. As such, it should not be used as a substitute for consultation with professional advisers. Before making any decision or taking any action, you should consult a Bllue Mercury Solutions professional.
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While we have made every attempt to ensure that the information contained in this Site has been obtained from reliable sources, Blue Mercury Solutions is not responsible for any errors or omissions, or for the results obtained from the use of this information.
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All information in this Site is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Blue Mercury Solutions, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.
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The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, Blue Mercury Solutions Ltd: excludes all representations and warranties relating to this website and its contents or which may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Blue Mercury Solutions Ltd's literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Blue Mercury Solutions Ltd of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages,
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Certain links in this Site connect to other Web Sites maintained by third parties over whom Blue Mercury Solutions has no control. Blue Mercury Solutions makes no representations as to the accuracy or any other aspect of information contained in other Web Sites.
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Various trademarks used on this site are held by their respective owners.
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Blue Mercury Solutions Ltd does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected;
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Exclusion of liability |
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Blue Mercury Solutions uses reasonable endeavours to ensure that the data on the Websites is accurate and to correct any errors or omissions as soon as practicable after being notified of them. Blue Mercury Solutions does not monitor, verify or endorse information submitted by third parties for posting on the Websites and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, Blue Mercury Solutions disclaims all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Websites. Blue Mercury Solutions does not guarantee that the Websites will be fault free and neither will accept liability for any errors or omissions.
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Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Websites, any liability Blue Mercury Solutions may have for any losses or claims arising from an inability to access the Websites, or from any use of the Websites or reliance on the data transmitted using the Websites, is excluded to the fullest extent permissible by law. In no event shall Blue Mercury Solutions be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the Websites, save where such liability cannot be excluded by law.
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Blue Mercury Solutions does not give any warranty that the Websites are free from viruses or anything else which may have a harmful effect on any technology.
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Exclusion of liability for suppliers' goods and services |
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You may obtain services from the organisation following your use of this Website. Blue Mercury Solutions does not accept any liability for any such services. Any services are provided by the organisation over whom Blue Mercury Solutions has no control and you should satisfy yourself that you wish to purchase their services before contracting with the organisation.
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The organisation's standard terms and conditions are in their engagement letter which should be provided to you by the organisation and you should check that you agree to those terms and conditions before ordering any services and goods.
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Blue Mercury Solutions promotes a number of suppliers on the Websites through some companies and offers you the opportunity to buy goods and services from those suppliers through the Websites.
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Blue Mercury Solutions can accept no liability for any goods or services provided by third party suppliers. Any goods or services which are provided third parties over whom Blue Mercury Solutions does not have control and you should satisfy yourself that you wish to purchase those goods or services before contracting with the supplier.
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The suppliers will be supplying on their own standard terms and conditions and you should check that you agree to those terms and conditions before placing an order.
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Communications |
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Any notices, request or other communication required under these Terms and Conditions shall be in writing, and may be delivered by post or facsimile.
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Notices will be deemed to be delivered within 48 hours of posting where they are delivered by ordinary first class mail to an address within the UK and within five working days of posting where there are delivered by air mail to an address outside of the UK or, where they are sent by fax, on receipt of a successful facsimile transmission report.
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Notices shall be delivered to Us at the address set out in these Terms and Conditions and to You at the address to which the invoice is sent or such other address as either party notifies from time to time.
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Username, password and identification device |
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On registering with this Website or with any website own by Blue Mercury Solution, you are issued with a user name and password which must be used in order to access certain restricted parts of the Websites.
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The user name and password are personal to you and are not transferable.
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Your name and password, your identification device are the methods used by Blue Mercury solutions to identify you and so are very important. You are responsible for all information posted on the Websites by anyone using your user name and password, or your identification device, and any payments due for services accessed through the Websites by anyone using your user name and password. Any breach of security of a user name and password should be notified to Blue Mercury Solutions immediately.
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Retention au Title |
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Until ALL INVOICES are paid in full, and ALL MONIES receipted and cleared, ownership of the goods remain with the Supplier, but the risk passes to the Customer on delivery. Delivery shall occur if the Supplier or its Agent delivers, on delivery, and/or if the Customer or its Agent(s) takes delivery, at that point of delivery.
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Until the Supplier is paid in full, the relationship of the Customer to the Supplier shall be fiduciary in respect of the goods and the customer shall hold the goods as bailee only for the Supplier. The Customer shall store the goods separately from its own until ownership has manifested in the Customer. Should the goods be on-sold to a third party before payment, or in the event of the Appointment of an Administrator, Controller, Managing Controller, Receiver or Receiver Manager, or entry into an Informal/Formal Deed of Arrangement under Insolvency Act of 1986 by the Customer, then the Customer hereby assigns to the Supplier its right of recovery of payment from the third party.
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The money(ies) resulting from the sale of goods are to be specifically earmarked and placed in a separate account on trust for the Supplier, until payment in full is made to the Supplier for the cost of the goods only, to guarantee clear passage of ownership to the third party innocent purchaser.
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In the event the Customer is in default of the agreed trading terms, then the Customer without reservation grants right of entry to any or all properties under the Customer’s control, where the goods are reasonably expected to be stored. The Customer indemnifies and save harmless the Supplier, its servants or agents in relation to loss or damage as a result of the retaking of possession of the said goods. Further in the event the Supplier exercises its right of retaking possession of the said goods, the Customer grants power of sale to the Supplier to resell the said goods and the Customer acknowledges that any shortfall owing after the said goods are resold will be the responsibility of the Customer.
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Financial Information |
The Customer agrees to provide financial information as is reasonably required by the Supplier from time to time, for the assessment of current and future credit limits only. The Supplier and the Customer further agree that such information shall be treated as strictly confidential and will not be disclosed to any third party(ies) without the express written permission of the Customer. |
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Conditions of Payment |
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Credit facilities may be withdrawn by the creditor at any time without prior notice and the creditor reserves the right to review the extent, nature and duration of such facilities at all times.
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In the event of the creditor instructing attorneys to collect from the applicant an amount owing to the creditor, the applicant with be liable for and agrees to pay all the costs on the scale as between attorney and own client, including collection charges.
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If an amount is not paid within the agreed term, the applicant shall be liable for interest at the maximum rate permitted by Commercial Debt (Interest) Act 1998, as amended from time to time. Such interest shall be calculated and paid monthly in advance, provided that if the interest is not paid as aforesaid, the interest shall be added to the principal sum and the whole amount shall form the principal debt which shall bear interest as aforesaid.
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We are « Pay On time Supporter » : We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
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Availability |
Unless otherwise stated, the services featured on this website are only available within the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this website. Blue Mercury Solutions Ltd does not warrant that the service from this website will be uninterrupted, timely or error free, although it is provided to the best of our ability. By using this service you thereby indemnify Blue Mercury Solutions Ltd, its employees, agents and affiliates against any loss or damage, in whatever manner, however caused. |
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Links Disclaimer |
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Links to this website: you may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it
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Links from this website: we do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. You should evaluate the security and trustworthiness of any other website connected to this website and read their privacy policy and terms of use statements. Blue Mercury Solutions Ltd will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
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Forms, surveys and contests |
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We request information from users on our order forms. Users have to provide contact information (such as name and delivery address) and financial information (such as credit card number and expiry date). This information is used for billing purposes and to fulfill customer orders. If we have trouble processing an order, this contact information is used to get in touch with the user.
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From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.
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Log files |
We use IP addresses to analyse trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. |
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Hacking |
You may not, nor may you allow others to, directly or indirectly, attempt or actually disrupt, impair or interfere with, alter or modify this website. |
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Personnal Guarantee, Indemnity & Caveatable Interes Clause |
In consideration of Blue Mercury Solutions Ltd supplying goods or services to the Customer, if the customer is a company, the director(s) of this company is the Guarantor(s) and indemnifier(s), and Guarantee and Indemnify to the Supplier due and punctual payment by the Customer of all monies which are now payable or may in the future become payable by the Customer to the Supplier for goods & services or both supplied from time to time by the Supplier to the Customer, and all damages payable by the Customer to the Supplier, (the secured moneys") and it is hereby further agreed as follows:
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The secured moneys shall include collection fees and legal costs incurred by the Supplier in connection with the default by the Customer.
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The Supplier is at liberty without notice to us at any time and without in any way discharging us from any liability hereunder to grant time, waver, release or other indulgence to the Customer and to accept from the Customer payment in cash, cheque, EFT or otherwise.
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Nothing in this Guarantee and Indemnity is binding or conditional upon the Supplier continuing to supply goods or services or both to the Customer.
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That the Supplier may exercise its rights under this Guarantee and Indemnity at any time and the Guarantor(s) and Indemnifier(s) shall pay the amount of any indebtedness of the Customer account to the date of any demand, forthwith upon receipt of a written demand, or its delivery to the fast known address of each or all Guarantor(s) and Indemnifier(s). It shall not be a condition precedent to the issue of any such demand that the Supplier shall have exercised or exhausted its legal rights against the Customer.
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The Guarantor(s) and Indemnifier(s) hereby guarantee and indemnify the Supplier against any losses or expenses whatsoever directly or indirectly arising from or by virtue of any default whatsoever on the part of the Customer with respect to the secured moneys.
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This Guarantee and Indemnity shall not be considered wholly or partially discharged by the payment at any time hereafter of any of the securred moneys or by any settlement of account and shall apply to the present and any future balance of the secured moneys.
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This Guarantee and Indemnity shall be a continuing Guarantee and Indemnity to the Supplier for all debts whatsoever and wheresoever contracted with the Customer in respect of the goods or services or both supplied or to be supplied to the Customer.
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The Guarantor(s) and Indemnifier(s) may revoke this Guarantee and Indemnity at any time. Such revocation shall be effective only upon its delivery to the Secretary of the Supplier at its registered address and shall become effective at the time of written acknowledgment by the Secretary of it's receipt. Such notice of revocation shall only operate to discharge the Guarantor(s) and Indemnifier(s) from liability as to future dealing by the Customer with the Supplier after the said date of written acknowledgment.
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That the Supplier shall be entitled at any time to assign its rights under this Guarantee and Indemnity to its successors, nominated transferees or assigns, without notice to the Guarantor(s) and Indemnifier(s), & that this Guarantee and Indemnity shall not be in any way affected or discharged pursuant to such assignment or variation.
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That the terms of this Guarantee and Indemnity are binding (if more than one) jointly on us & severally on each of us & shall not be affected not withstanding that one or more of the intended co-guarantor(s)/indemnifier(s) have not executed this Guarantee and Indemnity or that the Guarantee and Indemnity has been held to be ineffective or unenforceable against one or more of the Guarantor(s) and Indemnifier(s)
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That in the event that the Customer is a company and the Guarantor(s) and Indemnifier(s) are not directors then the Guarantor(s) and Indemnifier(s) certify that they have obtained independent commercial financial & legal advice prior to signing this personal Guarantee & Indemnity.
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CAVEATABLE INTEREST CLAUSE. In the event of default by the Customer, and the Supplier exercises its rights under this Guarantee and Indemnity then the Guarantor(s) and Indemnifier(s) hereby charge all their property(ies) owned/partly owned, or may be acquired in the future, solely or jointly by the Guarantor(s) and Indemnifier(s) in favour of the Supplier, to better secure any or all monies owing to the Supplier as of the date of the default by the Customer, with the due & punctual observances and performances of all of the obligations of the Guarantor(s) and Indemnifier(s) hereunder. The Guarantor(s) and Indemnifier(s) acknowledges that the Supplier will at its discretion register a Caveat on such property in respect of the interest conferred on it under this clause. The Guarantor(s) and Indemnifier(s) further grant to the Supplier the right to appoint a Receiver to sell the property(ies).
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The Guarantor(s) and Indemnifier(s) agree that the Supplier will seek from a Credit Reporting Agency, a Credit Report containing personal information about me/us to assess whether to accept me/us as a Guarantor(s) and Indemnifier(s) for Commercial Credit applied for, or provided to, the Customer.
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Copyright |
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Information on this website is for information only. All material on this website is the property of Blue Mercury Solutions Ltd. Copyright and other relevant intellectual property rights exists on all text, images, audio, software, files and video on this website. All rights are reserved. You must not copy, reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, circulate, frame, create derivative works of or store the information received through this website, in whole or in part, without the express prior written consent of Blue Mercury Solutions Ltd.
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Users may not post any information from the website to newsgroups, mail lists, electronic bulletin boards, or any other public forum without the prior written consent of Us.
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Data protection |
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We is committed to protecting your privacy. We will collect and use information supplied by you and other users of the Websites to improve the Websites and personalise your experience when you visit the Websites. We may also use it to tell you about changes in our services or about features We thinks you'll find interesting. Blue Mercury Solutions does not sell, trade or rent your personal information to others. We may share the information with the organisation. By registering with Blue Mercury Solutions, you are deemed to have consented to use of personal information for these purposes. However, you can tell Blue Mercury Solutions not to deal with your personal information in these ways in the future by simply send a message using our contact form or by fax +44 870 446 2678.
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Under the UK Data Protection Act 1998 Blue Mercury Solutions follows strict security procedures in the storage and disclosure of information which you have given Blue Mercury Solutions, to prevent unauthorised access.
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You may edit your personal information at any time.
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If we decide to change our privacy policy, we will post those changes on this Terms so our users are always aware of the information we collect and how we use it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.
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If you register as a user of the website you will be asked for some basic information. Please note that registration is not required for all areas of the website, however we do encourage you to register in order to gain full access to the website content/information and online services. There are technological and operational security systems in place that provide protection for personally identifiable information from loss or misuse.
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Where links are provided to other websites it should be noted that they are not and cannot be governed by our Privacy Statement. We cannot guarantee your privacy when you access other websites through any link provided on this website.
ICO Registered Z1380720
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Cookies |
A cookie is a small text file written to your hard drive that contains information about you. Cookies do not contain any personal information about users. Blue Mercury Solutions uses cookies so that Blue Mercury Solutions can personalise your experience of the Websites. If you set up your browser to reject the cookie, you may still use the Websites. Some of our business partners use cookies on our site (for example, advertisers). Blue Mercury Solutions does not have access or control over these cookies.
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Termination |
All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of your access to either of the Websites for any reason.
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General |
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If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
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We may modify these terms and conditions at any time,.
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Governing Law |
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These terms and conditions are governed by and to be construed in accordance with English law.
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Any disputes shall be subject to the non-exclusive jurisdiction of the English courts.
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These Terms and Conditions are written in the English language and all notices and communications shall be in the English language. In the event that these Terms and Conditions are translated into another language, the English language text shall prevail.
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The Seller shall, in its discretion be entitled to proceed against the application and/or the surety in any other court of competent jurisdiction, notwithstanding the aforegoing.
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Entire Agreement |
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between the You, the Customer, the Guarantor(s), the Indemnifier(s) and Blue Mercury Solutions Ltd. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Blue Mercury Solutions Ltd. |
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Definitions |
In these and any other terms and conditions included in the Contract, the expressions listed below shall have the following meanings:
"Agency Publishers" means any publisher producing any of the Goods on Our behalf.
"Contract" means the agreement between Us and You, which includes these Terms and Conditions, made by Our acceptance of your Order.
"Customer, (You, Your)" means whoever places the Order for the Goods or with Us.
"Consumer" means any Customer who is a natural person acting for purposes which are outside his business.
"Effective Start Date" means the date of delivery of the first item of the Goods under a Subscription or Standing Order.
"Force Majeure Event" means any circumstances beyond Our reasonable control, including (but not limited to) accidents, flood, fire, natural disasters, industrial disputes, as a result of which the Goods are unavailable.
"Goods" means any items and services offered for sale by Us and requested by You in the Order.
"Order" means Your request to purchase any Goods. This includes Standing Orders and/or Subscriptions.
"Price" means that amount quoted in Our current price list from time to time plus delivery costs and any applicable Value Added Tax or other taxes or duties.
"Seller (We, Us, Our, Blue Mercury Solutions)" means Us, Blue Mercury Solutions Ltd a company registered in England under number 06415813 and whose registered office is at 338 Euston Road, London NW1 3BT, and its authorised representatives and assignees.
"Standing Order" means Your Order for any Goods published during the Term and fitting the description submitted to Us by You in the Order.
"Subscription" means Your Order for specific Goods to be published periodically during the Term.
"Term" means the period of 12 calendar months commencing on the date of the first delivery of the whole or any part of the Goods or any subsequent anniversary thereof.
"Website" means Our websites |
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