TERMS AND CONDITIONS OF USE OF OUR WEBSITE

These are our terms and conditions. They apply each time you visit the Site and we will assume that you’ve read them before you use the Site. They do change from time to time so please re-read them each time you visit the Site.

CONSENTS

If you choose to use our Services, we urge you to read and understand our Cookie and Privacy Policy Conditions. They will explain how we handle the personal information with which you supply us. If you don’t understand these Policies, please contact us and we will help.

AGREEMENT   

These Terms and Conditions comprise the following sections:

  • General Terms
  • Cookie and Privacy Policy Conditions
  • Service Terms and Conditions
  • Definitions
  • Privacy Notice

 

which together form the basis of the relationship between us and both you and we agree to be bound by what each section says.

If you choose to take any of the services we offer, no binding agreement will exist between you and us until we have confirmed, by email to you, that we have accepted you as a client. Any payment you make to us will be refunded to you in full if we do not accept you as a client.

In asking to use our services, you warrant that you are a business customer and not a consumer. We work only with businesses.

 

GENERAL TERMS

  • DEFINITIONS

The definitions contained in the Definitions Section, below, will apply, where appropriate, to all sections of these Terms and Conditions.

YOUR PROMISES TO US

You agree that:

      • You have the right to make the Contract with us and that you are over the age of 18 years.
      • You will read the terms and conditions on any site we link you to.
      • You won’t use robots, spiders, scrapers or similar things on the Site.
      • You won’t try to get around any things we put on the Site to stop or limit access to parts of it.
      • You won’t do anything that might cause our systems to crash.
      • You won’t steal the Site or any part of it for use in any other site or application.
      • You won’t try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs we use in connection with the Site or the services it offers.
      • You won’t copy, imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property and which we own.

 

  • INTELLECTUAL PROPERTY

Either we or our business partners and affiliates own all of the information and intellectual property on the Site and you have no right to copy or use any of that information or intellectual property, other than to use the Site, unless we give that right to you.

  • ACCOUNTS

When you create an Account you promise that:

      • You will only have one Account with us.
      • All information you submit is accurate and truthful.
      • You will keep this information accurate and up-to-date.
      • You will not share your Account with anyone else.
      • You will keep your Account details confidential.
      • You will not give your username or password to anyone else.
      • You will log off when you exit the Site.
      • Your username will not be offensive, suggest that you are someone else or that you represent a trade or brand name. We can change a username if we think it breaks this term.

 

We may close your Account if you break these Terms and Conditions or if there has been no activity on the Account for 12 months.


If any payment we send to your bank account is refused and you do not supply us with an alternative bank account within 28 days of us asking you, we may keep that payment to cover our costs and you will be entitled to nothing.

 

If you have not authenticated your current email address with us and/or if it cannot accept service emails from us and/or you mark our emails as spam, abusive or junk then, and in any such event, we can close your Account.

 

You have the right to opt out of our marketing emails at any time by emailing us at [email protected]

 

If we earn any commission or interest on the money deposited in your Account we may keep that commission and/or interest.

 

You can cancel your Account with us at any time – all you need to do is to email us at [email protected]

 

  • DISCLAIMERS

We can’t promise that the Site will meet your needs; that it will work properly; that it will be fit for a particular purpose or that it will not infringe the rights of others.

 

We can’t promise that the Site will work with all systems; that it will be secure and that all information provided will be accurate.

 

We don’t give advice on the Site, just general opinions, and you agree not to rely on what we say when you make any decisions.

 

We take all reasonable effort to test material before placing it on the Site. In the very unlikely event of any loss, disruption or damage, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur whilst using material derived from the Site.

 

If you link to any other site while using the Site then you understand that separate conditions will apply to those sites and that we have no control over those conditions – so you agree that you will read and understand them before using those sites.

 

  • AVAILABILITY OF THE SITE

We never guarantee that the Site will be available all the time and if it’s not available for any reason you can’t hold us responsible for anything you lose as a result.

 

We have the right to change the Site and the services it offers, suspend it or stop it at any time.

 

  • LIMITATION OF LIABILITY

As far as we are allowed by law we deny liability for any losses of all kinds which you incur from visiting and/or using the Site. You use the Site at your own risk.

 

Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.

 

  • LINKS TO OTHER WEBSITES

We don’t control any of the websites we link to and so we can’t be responsible for the content of such websites and disclaim liability for any losses which come out of you using them.

 

Just because we link to a site does not mean that we endorse or recommend that site.

 

We can never guarantee that a link will work.

 

  • MODIFICATIONS TO THESE TERMS AND CONDITIONS AND THE SITE

You agree to re-read these Terms and Conditions each time you visit the Site so as to understand any changes we’ve made to them.

 

If we change the Site, these Terms and Conditions will apply to any changes we make.

 

  • GENERAL MATTERS

These Terms and Conditions are made under the laws of England and Wales and that is the only jurisdiction which can govern them.

 

We and you agree that these Terms and Conditions do not form the basis of any partnership or co-venture.

 

These Terms and Conditions supersede any previous terms and conditions we have published and represent the entire understanding between you and us.

 

Time will not be of the essence in any part of any agreement between you and us.

 

All parties acknowledge and agree that they have not entered into any agreement between them in reliance on anything said or promised by the other which is not in these Terms and Conditions.

 

If a Court or other body says that any part of these Terms and Conditions is unenforceable, the rest of them will stand.

 

If either you or us need to give formal notice to the other, it must be done by email to the address each of us gives to the other from time to time.

 

These Terms and Conditions contain the entire understanding between you and us.

 

 

 

COOKIE AND PRIVACY POLICY CONDITIONS

CONSENT

 

Your Personal Data

We need your consent to use the Personal Data you provide to us to ensure that the Services are provided to you in the proper manner.

By using our Site, you are accepting these Terms and Conditions.

If you wish to use our Services, you have consented to let us share your Private Data so that we can make sure that the Services are provided properly. We will only share your Private Data for the purpose of providing the Services. “Private Data” is defined in the definition section below this section.

New Purpose

If we wish to use your Personal Data for a new purpose, not covered by the consent you have given us, then we will provide you with a new notice explaining this new use before we start to process your Personal Data in that way. We will set out the relevant purposes and processing conditions for this new purpose. Where and whenever necessary, we will seek your prior consent to the new processing.

 

OUR COOKIE AND PRIVACY POLICY

We know that your privacy is important to you and that you care about how your Personal Data is used and shared online. We respect and value the privacy of everyone who visits the Site and will only collect and use Personal Data in ways that are described here and in a manner that is consistent with our obligations and your rights under the law.

We urge you to read this Policy carefully and to make sure that you understand it. If you continue to use the Site after reading our initial notice about this Policy you will be deemed to have accepted it. If you do not accept and/or agree with this Policy, you must stop using the Site immediately.

 

1. Definitions and Interpretation

In this Section, the following additional terms will have the following meanings: 

 

Cookie

means a small text file placed on your computer or device by the Site when you visit certain parts of the Site and/or when you use certain features of the Site. Details of the Cookies used by the Site are set out in section 13 below;

Cookie Law

means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;

Data Laws

means the Data Protection Act 1998 and/or EU Regulation 2016/679 – the General Data Protection Regulation – whichever is in force at the date you access the Site;

Personal Data

means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means Personal Data that you give to us when you use the Site or the services we offer; and

Private Data

means any and all data related to your Claim and is likely include extremely personal information which you have given us by any means but, usually, through the Site, so that we can see if we can assist you.

 

2. Information About Us

2.1 The Site is owned and operated by SGS COMPANY1 LTD t/a listened.to , Company Number 10305474 Registered Office Unit 4 Vista Place Coy Pond Business Park, Ingworth Road, Poole, Dorset, England, BH12 1JY

2.2 Our Data Protection Officer is:

Steven Shinn

His/her contact details are as follows:

Email: [email protected]

Post: Steven Shinn, SGS COMPANY1 LTD, Unit 4 Vista Place Coy Pond Business Park, Ingworth Road, Poole, Dorset, England, BH12 1JY

 

3. What Does This Policy Cover?

This Policy applies only to your use of the Site. The Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

4. Your Rights

4.1 As a data subject, you may have some or all of the following rights under the Data Laws, which this Policy and our use of Personal Data have been designed to uphold:

4.1.1 the right to be informed about our collection and use of Personal Data;

4.1.2 the right of access to the Personal Data we hold about you;

4.1.3 the right to rectification if any Personal Data we hold about you is inaccurate or incomplete;

4.1.4 the right to be forgotten – i.e. the right to ask us to delete any Personal Data we hold about you;

4.1.5 the right to restrict (i.e. prevent) the processing of your Personal Data;

4.1.6 the right to data portability (obtaining a copy of your Personal Data to re-use with another service or organisation);

4.1.7 the right to object to us using your Personal Data for particular purposes; and

4.1.8 rights with respect to automated decision making and profiling.

4.2 If you have any cause for complaint about our use of your Personal Data, please contact us using the details shown in section 2.2 above. We will do our best to solve the problem for you. If we are unable to help, you also have the right to lodge a complaint with the Information Commissioner’s Office. Contact your local Citizens Advice Bureau for further information.

 

5. What Data Do We Collect?

Depending upon your use of the Site, we may collect some or all of the following personal and non-personal data:

name;

date of birth;

gender;

business/company name;

contact information such as email addresses and telephone numbers;

demographic information such as post code, preferences, and interests;

IP address;

web browser type and version;

operating system;

a list of URLs starting with a referring site, your activity on the Site, and the site you exit to; and

additional information you provide us in the course of enabling third parties to provide you with legal services.

 

6. How Do We Use Your Data?

6.1 All Personal Data we collect is processed and stored securely for no longer than is necessary bearing in mind the reason(s) for which it was first collected. We will comply with our obligations and safeguard your rights under the Data Laws at all times.

6.2 Our use of your Personal Data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your Personal Data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:

      • Providing and managing your Account;
      • Providing and managing your access to the Site;
      • Providing and managing the Services;
      • Personalising and tailoring your experience on the Site;
      • Supplying our services to you;
      • Personalising and tailoring our services for you;
      • Replying to emails from you;
      • Supplying you with emails that you have opted into;
      • Market research;
      • Analysing your use of the Site and gathering feedback to enable us to continually improve the Site and your user experience.

6.3 With your permission and/or where permitted by law, we may also use your data for marketing purposes which may include contacting you by email, telephone text message or post with information, news and offers on our services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the Data Laws and the Privacy and Electronic Communications (EC Directive) Regulations 2003.

6.4 Any third parties whose content appears on the Site may use third party Cookies. Please note that we do not control the activities of such third parties, nor the data they collect and use and advise you to check the privacy policies of any such third parties.

6.5 You have the right to withdraw your consent to us using your Personal Data at any time, and to request that we delete it.

7. How and Where Do We Store Your Data?

7.1 We only keep your Personal Data for as long as we need to, in order to use it and/or for as long as we have your permission to keep it.

7.2 Some or all of your data may be stored outside of the European Economic Area (“EEA”) and you are deemed to accept and agree to this by using the Site and submitting information to us. If we do store data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK under the Data Laws.

7.3 Data security is very important to us, and to protect your data we have taken suitable measures to safeguard and secure data collected through the Site.

8. Do We Share Your Data?

8.1 We may share your data with other companies in our group.

8.2 We may sometimes contract with third parties to supply services to you on our behalf. These may include payment processing, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some, or all, of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data is handled safely, securely and in accordance with your rights, our obligations, and the obligations of the third party under the law.

8.3 If you ask to use our Services, then we will share your Personal Data and all, or part, of your Private Data with the third parties which help us supply the Services.

8.4 We may compile statistics about the use of the Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.

8.5 The third party data processors we use may be located outside the EEA. Where we transfer any Personal Data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the Data Laws.

8.6 In certain circumstances, we may be legally required to share certain data held by us, which may include your Personal Data, for example, where we are involved in legal proceedings, where we are complying with legal requirements, a court order, or a governmental authority.

9. What Happens If Our Business Changes Hands?

9.1 We may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of our business. Any Personal Data that you have provided will, where it is relevant to any part of our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use that data only for the same purposes for which it was originally collected by us.

9.2 In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.

10. How Can You Control Your Data?

When you submit Personal Data to us using the Site, you may be given options to restrict our use of your data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails and at the point of providing your details and by managing your Account).

11. Your Right to Withhold Information

11.1 You may access certain areas of the Site without providing any data at all. However, to use all features and functions available on the Site you may be required to submit or allow for the collection of certain data.

11.2 You may restrict our use of Cookies.

12. How Can You Access Your Data?

You have the right to ask for a copy of any of your Personal Data held by us (where such data is held). We will provide any and all information in response to your request free of charge. Please contact us for more details.

13. Our Use of Cookies

13.1 The Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of the Site and to provide and improve our services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and Personal Data is protected and respected at all times.

13.2 By using the Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services and/or parties other than us. Third party Cookies are used on the Site, usually, for marketing and analysis purposes. These Cookies are not integral to the functioning of the Site and your use and experience of the Site will not be impaired by refusing consent to them.

13.3 All Cookies used by and on the Site are used in accordance with Cookie Law.

13.4 Before Cookies are placed on your computer or device, you will be shown a prompt requesting your consent to set those Cookies. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Site may not function fully or as intended. 

13.5 Certain features of the Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 13.6. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings, but please be aware that the Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.

13.6 The following first party Cookies may be placed on your computer or device:

 

Name of Cookie

Purpose

Strictly Necessary

_gid

 

 

fbm_296683260506645

 

 

_gat

 

 

_ga

 

 

DisplayDivasCookiesBanner

 

 

ASP.NET_Sessio

 

 

 

and the following third party Cookies may be placed on your computer or device:

 

Name of Cookie

Provider

Purpose

n

facebook

 

act

facebook

 

sb

facebook

 

presence

facebook

 

datr

facebook

 

fr

facebook

 

wd

facebook

 

dpr

facebook

 

xs

facebook

 

c_user

facebook

 

 

13.7 The Site uses analytics services provided by Google and other service providers. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling us to better understand how the Site is used. You do not have to allow us to use these Cookies, however whilst our use of them does not pose any risk to your privacy or your safe use of the Site, it does enable us continually to improve the Site, making it a better and more useful experience for you.

13.8 In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

13.9 You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access the Site more quickly and efficiently including, but not limited to, login and personalisation settings.

 

14. Changes to Our Cookie and Privacy Policy

We may change our Cookie and Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on the Site and you will be deemed to have accepted the terms of them on your first use of the Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

SERVICE TERMS AND CONDITIONS

1. The Service

1.1 The Service we offer is that of introducer of a legal services provided and/or the introduction of a funder of those legal services.

1.2 You warrant that in using the Service you will not rely on any advice or information we may provide, either on the Site or in any other manner without verifying that advice or information with a fully and properly qualified legal advisor and, in this respect, you acknowledge that:

1.2.1 the Service we offer is not the service of a solicitor or other legal advisor and you accept that any legal advice offered by us on the Site or elsewhere is general in nature and may not apply to your particular situation;

1.2.2 any advice we give as to the success of your Claim, the damages you may be awarded and the legal and other costs involved, if any, are estimates given in good faith but may be inaccurate.

1.3 We make no warranty that your Claim will be accepted by any legal service provider or funder of legal services nor that any funding we are able to obtain for your Claim will be sufficient to cover all or any part of the costs of that Claim.

2. Fees and Payment

2.1 Where we are able to offer a funding package to cover all or part of the costs of your Claim, we will advise you of the specific rules which apply to that funding. You agree to read and understand such rules and comply with them, if you accept any offer of help.

2.2 Where we charge a Fee for providing the Service, we will notify you of the amount of the Fee before introducing you to a legal services provider and/or funder of legal services. That Fee will cover the cost of our providing the Service to you.

2.3 In many instances, we will be paid a commission by the legal services provider and/or funder who is asked to assist you. The amount of that commission may be a flat fee or may be dependent on the level of damages or costs awarded in respect of your Claim. You understand and agree that we may receive such Fee without any further reference to or agreement by you.

2.4 If any Fee is payable and we agree to accept payment of that Fee, or any part of it, after we have started to provide the Service, then you agree to make payment of the Fee in accordance with the arrangements we agree at the time. If you fail to make any payment on or by the due date, we may request payment of the whole balance outstanding at that time and, if it is not paid within seven days of a written demand for payment, we may:

2.4.1 suspend provision of the Service or (at our sole option) terminate the agreement for which the Fees were being paid; and/or

2.4.2 charge interest on all unpaid sums at the rate 6% above the base rate for the time being of Barclays Bank plc from the due date until the actual date we are paid (whether before or after any court judgment).

3. Intellectual Property Rights

3.1 You will not acquire any rights in or over any Intellectual Property Rights subsisting in any materials and/or property owned by us or by any third parties (where, for example, we are using materials under licence).  Any materials owned by us used by you in the normal course of the Service are used under a non-exclusive licence only to the extent required in order for us to provide the Service to you.

3.2 We will not acquire any rights in or over any Intellectual Property Rights subsisting in any materials and/or property owned by you or by any third parties (where, for example, you are using materials under licence).  Any such rights are used under a non-exclusive licence only to the extent required in order for us to provide the Service to you.

3.3 You hereby agree to fully indemnify us against all costs, expenses, liabilities, losses, damages, claims and judgments that we may incur or be subject to as a result of the infringement of any Intellectual Property Rights arising out of your failure to obtain the necessary rights and permissions from third parties with respect to any materials used by you as hosted by us under the Contract.

4. Limitation of Our Liability

4.1 Subject to the remainder of this Clause 4, and to the fullest extent permitted by law, we will not be liable to you or to any third party, whether in contract or tort (including negligence) for any loss or damage, direct or indirect, whether foreseeable or otherwise (including any indirect, consequential, special or exemplary damages) arising other than from our breach of these Terms and Conditions.

4.2 Nothing in these Terms and Conditions will exclude or restrict liability for: 

4.2.1 death or personal injury resulting from negligence or that of employees or agents;

4.2.2 fraud or fraudulent misrepresentation;

4.2.3 any loss resulting from our failure to use reasonable skill and care, from our gross negligence, or from our wilful misconduct.

5. Warranty Disclaimer

Subject to the provisions of these Terms and Conditions, we give no further warranty, express or implied, in connection with the Service as to fitness for purpose, quality, non-infringement or merchantability.

6. Your Indemnity

You will fully indemnify us against all costs, expenses, liabilities, losses, damages and judgments that we may incur or be subject to as a result of any of the following:

6.1 your misuse of the Service;

6.2 your breach of these Terms and Conditions;

6.3 your negligence or other act of default.

7. Confidentiality

7.1 Except as provided by Clause 7.2 or as authorised in writing by either you or us, each of you and us will, at all times during the continuance of the Contract and its termination:

7.1.1 keep confidential all Confidential Information;

7.1.2 not disclose any Confidential Information to any other party;

7.1.3 not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions;

7.1.4 not make any copies of, record in any way or part with possession of any Confidential Information; and

7.1.5 ensure that none of our directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 7.1.1 to 7.1.4 above.

7.2 The party receiving Confidential Information may:

7.2.1 disclose it to:

7.2.1.1 any sub-contractor or supplier of that party for the purpose of providing the Service;

7.2.1.2 any governmental or other authority or regulatory body; or

7.2.1.3 any employee or officer of that Party or of any of the aforementioned persons, parties or bodies,

to such extent only as is necessary for the purposes contemplated by these Terms and Conditions (including, but not limited to, the provision of the Service by us), or as required by law.  In each case the receiving party will first inform the person, party or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body under sub-Clause 7.2.1.2 or any employee or officer of any such body) obtain a written confidentiality undertaking from such person, party or body.  Such undertaking should be as nearly as practicable in the terms of this Clause 7, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and

7.2.2 use any Confidential Information for any purpose, or disclose it to any other person, if it becomes public knowledge. 

7.3 The provisions of this Clause 7 will continue in force in accordance with their terms, notwithstanding the termination of the Contract for any reason.

8. Force Majeure

Neither party to the Contract will be liable for any failure or delay in performing its obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

9. Term and Termination

9.1 An agreement will come into existence between you and us when we agree to accept you as a client. Until we have accepted you as a client and have notified you, by email, that we have done so, no agreement will exist between us.

9.2 When an agreement comes into effect, between you and us, it will last until your Claim is decided and we have received payment of Fees or any commission we are entitled to.

10. No Waiver

No failure or delay by either you or us in exercising any of the rights granted under these Terms and Conditions will be deemed to be a waiver of that right, and no waiver of a breach of any provision of these Terms and Conditions will be deemed to be a waiver of any subsequent breach of the same or any other provision.

11. Assignment and Sub-Contracting

11.1 Subject to Clause 11.2 the Contract will be personal to you and us.  Neither you nor we may assign, mortgage, charge (otherwise than by floating charge) or sub-license or otherwise delegate any of our rights hereunder, or sub-contract or otherwise delegate any of our obligations hereunder without the written consent of the other party, such consent not to be unreasonably withheld.

11.2 We are entitled to perform any of the obligations undertaken by us through any other member of our group or through suitably qualified and skilled sub-contractors.  Any act or omission of such other member or sub-contractor will, for the purposes of these Terms and Conditions, be deemed to be our act or omission.

12. Relationship of the Parties

Nothing in these Terms and Conditions will constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between you and us, other than the contractual relationship expressly provided for in these Terms and Conditions.

13. Third Party Rights

13.1 No part of these Terms and Conditions is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 will not apply.

13.2 Subject to this Clause 13 the Contract will continue and be binding on the transferee, successors and assigns of either you or us as required.

14. Cancellation

14.1 If you are a consumer in the European Union you have a legal right to a “cooling-off” period within which you can cancel any agreement we make which is subject to these Terms and Conditions without any reason, even if you just change your mind.  The period is 14 days and it begins once we have written to you confirming that we have accepted you as a client.

14.2 If you wish to exercise your right to cancel, you may tell us by email, via the contact form or by post. Cancellation by email or by post is effective from the date on which you send us your message. If you prefer to contact us directly to cancel, please use the following details:

14.2.1 [email protected]

14.2.2 sgs company1 limited t/a listened.to Unit 4 Vista Place Coy Pond Business Park, Ingworth Road, Poole, Dorset, England, BH12 1JY

In each case, provide us with your name, address, email address and telephone number.

14.3 If you have paid us a Fee and a refund is due, this will be paid to you as soon as possible, and in any event within 14 days of the day on which you tell us that you wish to cancel.

14.4 Refunds will be made using the same payment method that you used when making payment to us.

DEFINITIONS

The following words have the following meanings in these Terms and Conditions:

  • We are SGS COMPANY1 LTD t/a listened.to, Company Number 10305474, Registered Office Unit 4 Vista Place Coy Pond Business Park, Ingworth Road, Poole, Dorset, England, BH12 1JY
  • Site is www.listened.to
  • You are a visitor to the Site and/or a user of the service we offer.
  • Account means the account you create with us if you register with the Site.
  • Business Day means any day other than Saturday or Sunday that is not a bank or public holiday.
  • Claim means the claim upon which you need assistance from us.
  • Confidential Information means all business, technical, financial or other information created or exchanged between the Parties in the course of the Project including the existence of the Project.
  • Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site.
  • Contract means the legally binding agreement formed between you and us upon your acceptance of these Terms and Conditions.
  • Fee means the price for the Service as agreed by the parties.
  • Intellectual Property Rights means copyright (and related rights), designs, patents, trade marks and any and all other intellectual property rights.  This includes all such rights, whether they are registered or unregistered, and the rights to apply for renewals or extensions of those rights (where relevant).
  • Service means the services we have agreed to provide to you under these Terms and Conditions.
  • Terms and Conditions means these terms and conditions.
  • User means any person, firm or company using the Site for any purpose.

PRIVACY NOTICE

listened.to is the trading name and website owned and operated by SGS Company1 Limited. It provides online assistance where people with possible legal complaints are brought together to pursue those complaints.

This notice is designed to give you clear information about what Personal Data we collect and how we use it. This Privacy Notice applies to the use of Personal Data processed by us and covers the steps we take, when you contact us using the website.

 

Definitions

To help make this Privacy Notice a little easier to read, we have defined certain words and phrases. Those definitions are as follows:

Claim the claim you are asking us to help you bring.

GDPR the General Data Protection Regulation EU 2016/679.

Personal Data the data/information we hold about any data subject – as defined further by GDPR.

Privacy Notice the provisions contained in this document.

Site listened.to

 

 

Who we are?

We are SGS Company1 Limited and we can be contacted at Unit 4 Vista Place Coy Pond Business Park Dorset BH12 1JY and we trade as listened.to. We are registered with the Information Commissioners Office under registration number ZA342676.

We are the Data Controller for Personal Data which we use to provide the services which we describe on the Site and for marketing purposes.

 

We can be contacted at [email protected]

 

How do we collect and use Personal Data and what types of Personal Data do we collect?

When you visit  the Site, we store Personal Data about your visit using Cookies.

Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. This information is used to track visitor use of the website and to compile statistical reports on website activity.

For further information about cookies visit:

www.aboutcookies.org

and / or

www.allaboutcookies.org

Through the use of Cookies, we collect certain Personal Data, including: IP address, identification number, online identifier, browser information, location data and other similar identifying information required for your devices to communicate with websites and applications on the internet.   

You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However, in a few cases some of our website features may not function as a result.

Completing a form via one of our website pages.

If you complete an online form via one of our Site pages, you will be asked to submit information about yourself and your Claim.  We process this data in order to decide whether you have a possible Claim and if we can help you.

The Personal Data we hold for you will be held for no longer than we need it. If we cannot help you, then we will remove your Personal Data as soon as we are able but, in any event, within 3 months of our advising you that we cannot help. If we can help, then we will retain your Personal Data as long as we need it to provide our services, which will usually be as long as your Claim takes to go through. We will remove your Personal Data from our database with 3 months of the date when your Claim is decided, or earlier if we no longer need it.

Sharing Data

The Personal Data you submit to us may be passed to the third party service providers, we use to provide legal services and/or for providing funding for your Claim

We may transfer your Personal Data to data processors within and outside the European Economic Area. If we do so, we will apply appropriate measures and controls to protect your Personal Data in accordance with applicable data protection laws, regulations and regulatory guidance. In all instances, we will take into account the nature of the Personal Data we are transferring, and the level of protection provided by those processors.

Rights that you have

As your Personal Data is held by us you have rights under GDPR that we will always respect. Your rights are:

  • The right to request a copy of the Personal Data which we hold about you without charge;
  • The right to request that we correct any incorrect or out of date Personal Data we hold;
  • The right to ask us to erase Personal Data when it is no longer necessary for us to keep it;
  • The right to withdraw any consent you have given to the processing of your data, at any time;
  • The right to request that we provide you with details of the Personal Data we hold about you;
  • The right, to send your Personal Data directly to another data controller, so that they can perform a contract with you;
  • The right, if you think the Personal Data we hold is wrong, to stop us processing that Personal Data until the issue is resolved;
  • The right to object to the processing of Personal Data, including for marketing purposes
  • The right to lodge a complaint with the Information Commissioners Office (the ICO).

 

New Purpose

If we wish to use your Personal Data for a new purpose, not covered by this Privacy Notice, then we will provide you with a new notice explaining what we are proposing. We will tell you what we propose and point out new uses or conditions that we wish to apply. We will not process any Personal Data without your consent.

Other websites

The Site may contain links to other websites. This Privacy Notice only applies to our Site so, when you link to other websites, you should read and understand their Privacy Notice.

Contacting us and updating your Data

If you wish to update, correct or change your Personal Data, how we use it or to make a complaint about what we are doing, you can do so by emailing us at [email protected]

If you make a complaint about how we use your Personal Data and we don’t resolve it your satisfaction, you can contact the Information Commissioner’s Office via their website (www.ico.org.uk).

We will occasionally update this Privacy Notice.  We encourage you to review this Privacy Notice, from time to time, so that you can see any changes and remind yourself as to how we use your Personal Data.

This Privacy Notice was last updated April 2018.