DEFINITIONS
| "Baker Tilly" or "we" derivative |
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the United Kingdom firm of Baker Tilly Restructuring and Recovery LLP |
| "Site" |
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this website and the materials contained therein including the spreadsheets and associated instructions which are available to download as estimation tools and calculators only |
| "Site Terms" |
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these terms and conditions relating to your use of the Site together with the Baker Tilly legal statements and privacy statement |
| "you" or derivatives |
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the Site user |
1 Site terms
1.1 The Site Terms apply exclusively to your access to and use of the Site.
1.2 By accessing, browsing, or otherwise using the Site, you agree to be bound by the Site Terms. If you do not agree to the Site Terms, do not access, browse or otherwise use the Site.
1.3 The Site Terms form the whole agreement between us in relation to the subject matter hereof. In addition you warrant that in agreeing to the Site Terms you have not relied on any representation made by us except for any such representation that is expressly set out in the Site Terms.
1.4 The Site Terms replace and supersede any previous proposal, discussion, correspondence or agreement between us in relation to the Site.
1.5 Baker Tilly reserves the right to change or modify any of the terms and conditions contained in the Site Terms at any time and in its sole discretion and without prior notice.
1.6 The Site Terms do not alter in any way any engagement letter you may have with any member of the Baker Tilly group for other services.
1.7 Any English statutory provision or English legal term for any action, remedy, method of judicial proceeding, document, legal status, court, official or other legal concept or thing shall in respect of any jurisdiction other than England be deemed to include what most nearly approximates in that jurisdiction to the English statutory provision or English legal term.
1.8 Including means "including without limitation" and other general words shall not be given a restrictive interpretation by reason of their being preceded or followed by words indicating a particular class of assets, matters or things.
2 License and Site Access
2.1 Baker Tilly grants you a limited licence to use the Site for your internal business purposes only. This licence does not include any resale or commercial use of the Site or content therein or making derivative uses of the Site or its contents (including any documents) or any part(s) thereof and does not confer any legal rights on you or any other person.
2.2 It is a condition that you have a current, valid licence from Microsoft to use Excel.
2.3 Any unauthorized use of or access to the Site is prohibited and will terminate any permission or licence granted herein to use the Site.
3 Limitation of liability
3.1 To the fullest extent permissible by any applicable law, Baker Tilly and its officers, directors, employees or agents or any of them, exclude all liability and responsibility for direct loss or damage and indirect loss or damage (including consequential, indirect or punitive loss or damages, loss of business or business information, business interruption, loss of profits or anticipated savings, loss of contracts, or loss of or damage to data) arising from or in connection with your access to or use of the Site, downloading of materials from the Site or reliance on the Site, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission in the Site (whether negligent or not).
3.2 The Site is provided on an "as is" basis. We make no representations or warranties in relation to the completeness, accuracy, reliability or availability of the Site and expressly exclude all representations, conditions and warranties, either express or implied, arising by operation of law or otherwise, except to the extent such representations, conditions or warranties may not be excluded by law.
3.3 You are responsible for determining whether the Site is suitable and sufficient for your purposes and whether any estimates obtained from using the Site are reasonable. We do not warrant the accuracy of any estimates produced by using the Site.
3.4 No person other than you shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Site Terms.
3.5 Any rights not expressly stated on the Site Terms are reserved.
4 Intellectual Property
4.1 The Baker Tilly name, logo, corporate symbols and trade marks are the sole property of Baker Tilly and no permission is given in respect of their use. The Site and its contents are protected by UK and international copyright laws. Unless otherwise indicated, Baker Tilly is the owner of the copyright and all other intellectual property rights in the Site and its contents. No part of the Site may be reproduced without prior written permission of Baker Tilly except that you may make such copies of the results obtained from using the Site as you may reasonably require for your own internal use and may incorporate the estimates thereby obtained into your own documentation. You must retain all copyright and other proprietary notices contained in the materials. If you breach this term you must immediately destroy the copied and/or downloaded materials. Except as stated herein you may not copy, download, display, publish, transmit or deal in any way in such materials.
4.2 We accept no liability to any other person who is shown or gains access to the Site or any estimates derived therefrom.
5 Viruses
5.1 We have taken reasonable steps to ensure that the Site is free from the most recently known electronic viruses but you recognise that such procedures cannot be a guarantee that the Site will be virus free.
5.2 You will be responsible for protecting your own interests in relation to viruses. We shall not be liable to you on any basis, whether in contract, tort (including negligence) or otherwise, in respect of any error, damage, loss or omission including to your computer software or data arising from or in connection with the Site.
6 Assignment
6.1 You may not transfer or assign any rights or obligations under the Site Terms without the prior written consent of Baker Tilly.
7 Applicable Law
7.1 The Site Terms shall be governed by, and construed in accordance with, English law. The Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Site or the Site Terms and any matter arising from it or them except that Baker Tilly may take action in any appropriate jurisdiction to defend or protect its intellectual property rights.
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