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Terms & conditions 01323 446666

The terms "Smoover"; "smoover.co.uk";"Smoover Limited";"us";"we" or "our" refers to the owner of this website whose registered office is Cortlandt George Street Hailsham BN27 1AE, Smoover Limited is registered in England and Wales under company registration number 07139081.

Smoover Limited is registered for VAT under number 125 7780 00.

The terms "you" and "your" refers to the browser, viewer or user of our website.

This document sets out the terms on which you browse and use the website of www.smoover.co.uk ("the site") and the terms and conditions relating to the use of our services. If you continue to browse and use this website, then you are agreeing to comply with and be bound by the terms of use, which together with our privacy policy govern Smoover’s relationship with you. If you disagree with any part of the terms of use, then please do not use our website.

Before we provide any services, such as referring you to one of our approved firms, you will be asked to affirm that you agree to be bound by the Terms of Use AND also that you agree to be bound by the Terms and Conditions of Service. A tick box will be displayed at that point ("the tick box"). Do not tick the box if you do not wish to be bound by the Terms and Conditions of Service.

We may change both the Terms of Use and the Terms and Conditions of Service by posting revisions on the site. We do not have to give you any advance notice of any change. By continuing to browse and use the site, you agree to be bound by the most up to date Terms of Use. Please read the current Terms and Conditions of Service each time you complete the tick box.

Terms of Use

The use of this website is subject to the following terms of use:

  • The content of the public pages of this website are for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • While we make every effort to provide a permanent and reliable service we do not guarantee uninterrupted and/or reliable access to the site and make no guarantees whatsoever as to its operation, functionality or otherwise.
  • You are responsible for making all arrangements necessary for you to have access to the site.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to either us or our approved firms. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms of use
  • All trademarks or documents reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time, this website may also include links to other websites. Where these links are provided for your convenience and to provide further information this does not signify that we endorse those website(s). Where the links are provided to our partner sites we have no responsibility for or control of the content of those linked website(s). In the case of any links we cannot accept an liability for loss or damage arsing out of the use of those sites

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

Terms and Conditions of Service

1. General

We do not provide legal services or engage in "legal activities" as defined by S.12 Legal Services Act 2007 ("the LSA 2007"). We are neither a traditional law firm nor an alterative business structure (“ABS") as detailed in Part 5 by the LSA 2007. Any legal services offered or provided for you through our website are offered or provided by one of our approved law firms. These firms are independent firms of solicitors or ABS who are solely responsible for the advice that they provide to you.

Our conveyancing quotation/approved solicitors service and other services shall not be deemed to constitute financial or other advice. It shall be your decision as to whether a product or service is suitable for your requirements.

The services provided by Smoover and the legal services provided by our approved law firms apply only to (1) properties situated in England & Wales; (2) those aged 18 or over and (3) EU nationals

We do not take any responsibility for, or accept any liability in relation to, the conveyancing services of any approved firm. The contract for the conveyancing services is between you and the relevant firm and your rights in respect of the conveyancing services are against that firm.

As their Agents, we will send you the approved firms’ client care and related initial instruction documents which will contain full details of the contract you are to enter into with them and what you should do if you are not happy with the conveyancing services they provide. You are permitted to download or print a single copy of these documents for your own use.

We will also send the approved firm your personal details and your transaction or proposed transaction details so that they can make contact with you directly under the terms of our Privacy Policy.

2. Site Access

Our conveyancing quotation service is available without obligation and without any need to register your details.

To access the full range of features on our site requires you to register with us through the site. Your user name will be your e-mail address and your initial password will be generated by us and sent to your e-mail address. Once logged in, you may then choose to change your password by opening the My Profile tab. Passwords and usernames are for the use of the named person only and you may not transfer it.

You must keep the password confidential and not permit your password protected part of the site to be viewed by anyone who is not a registered user or a joint owner of the relevant property. You must notify us immediately of any actual or suspected unauthorised use of your password(s), by email to admin@smoover.co.uk.

When you are logged in you will be able to access the following services:

  1. Instruct one of our approved firms to carrying out conveyancing work. That firms' initial documents for a sale or purchase (or both) (and their licensed TransAction (“TA") forms in the case of a sale) will then be send to you by email. You must then send the signed forms back to them as directed and your contract with that approved firm will not be made until you do this.
  2. Use our unique conveyancing transaction service including the property chain display; the real-time transaction progress information and the secure messaging service between you and the person dealing with you case at the approved firm collectively know as “the transaction services"

3. Site Content and Use

You must not remove any indications or ownership from any printed copies or downloads which came from the site under any circumstances. Where no such indications exist, our status (and that of any identified contributors) as the authors of the material must always be acknowledged.

The information contained in our site has been published in good faith and with the aim of ensuring its accuracy, but in some cases it may be incorrect, incomplete or out of date. If we become aware of any material inaccuracies in the information on the site we will use reasonable efforts to correct it.

You may use the site only for lawful purposes. In particular you shall not and shall not attempt to

  1. Access or monitor the site or any of its content other than using the site's navigational structure or for any purpose other than that expressly permitted in these Terms of Use (whether in accordance with applicable law or not)
  2. Do anything which places an unreasonably large load on the site, or its supporting computer systems
  3. Attempt to disrupt or interfere with the site in anyway or with another person's use of the site (including monitoring any aspect of such use), or use the site as a means of disrupting or interfering with other sites
  4. Probe, scan or test the vulnerability of the site or any network connected to it
  5. Use any device to obtain personal data and information through the site;
  6. Use the site to receive, access or transmit material that promotes violence, is unauthorised, unlawful, inflammatory, obscene, sexually explicit, pornographic, defamatory, hateful, threatening, degrading, racist, deceptive, in breach of confidence or in breach of third party intellectual property rights (including, without limitation, copyright, trade marks and database rights) or otherwise objectionable or unlawful
  7. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  8. Harm minors in any way
  9. Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety
  10. Harass, upset, embarrass, alarm or annoy any other person
  11. Insert or knowingly or recklessly transmit or distribute a virus into our network and computer systems so as to cause harm to the site, us or other users or which is likely to bring the site or us into disrepute
  12. Impersonate any person, or entity or misrepresent your affiliation with any person or entity
  13. Wilfully corrupt any data, documents or material available on the site
  14. Promote or facilitate any illegal activity
  15. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence
  16. Assist, encourage or permit any other person to do any of the acts described above.

You also agree:

  1. Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of these Terms
  2. Not to access without authority, interfere with, damage or disrupt:
    • others' use of the site;
    • any part of the site;
    • any equipment or network on which the site is stored;
    • any software used in the provision of the site;
    • any equipment or network or software owned or used by any third party. All the above are forbidden regardless of the means used, including hacking or by the introduction of any worms, trojans, virus or other software.

4. In the Event of a Breach

We will determine, in our reasonable discretion, whether there has been a breach of the Terms of Use and/or Terms and Conditions of Service through your use of the site. When a breach has occurred, we may take such action as we deem appropriate, including, but not limited to the following:

  1. closure or barring of the site to you and/or your password protected part of the site;
  2. immediate, temporary or permanent withdrawal of your right to use the site;
  3. immediate, temporary or permanent removal of any information uploaded by you to the site subject to any obligations that we have under the Data Protection Act 1998;
  4. issue of a warning to you;
  5. take legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from your actions;
  6. further legal action against you; and/or
  7. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.

5. Restriction of Liability

A. Dealing as a Non-Consumer

If you are not a consumer and to the extent permitted by law, we hereby expressly exclude:

all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

  • any liability for any indirect or consequential loss or damage (whether arising in contract, tort (including, without limitation, negligence) and/or breach of statutory duty or otherwise) incurred by any user in connection with our site or in connection with the use, inability to use, or access the service, or following a failure, suspension or withdrawal of all or any part of our site, or results of the use of our site, any websites linked to it and any materials posted on it;
  • any liability (whether arising in contract, tort (including, without limitation, negligence) and/or breach of statutory duty or otherwise) for:

(a) loss or damage to any software and/or hardware

(b) loss of income or revenue; business; profits or contracts; anticipated savings; data; goodwill; and wasted management or office time

The formation, existence, construction, performance, validity and all aspects of the contract formed in respect of your use of the site shall be governed by English law and we and you submit to the non-exclusive jurisdiction of England and Wales.

Any waiver by us of any breach of, or any default under, any part of these terms by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the contract unless it is expressly confirmed in writing by us.

The Terms of Use together with the Terms and Conditions of Service and Privacy Policy (and in the case of an approved firm – our separate agreement with you) constitute the whole agreement between you and us and supersedes all previous agreements between you and us relating to its subject matter. You acknowledge that, you have not relied on, and, subject to the last paragraph of this section in relation to non-consumers, shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these terms.

Subject to the paragraph below, our maximum aggregate liability (whether arising in contract, tort (including, without limitation, negligence) and/or breach of statutory duty or otherwise) shall be limited to £75,000.

Nothing in these terms and conditions limits our liability for death or personal injury arising from our negligence, nor our liability for fraud, fraudulent misrepresentation, nor any other liability that cannot be excluded or limited under applicable law.

B. Dealing as a Consumer

If you are a consumer we are not responsible to you for the following as it is reasonable for us to exclude them:

(a) any losses you suffer because the information you put into the site is inaccurate or incomplete; or

(b) any losses you suffer because you cannot use either the quoting and/or and instruction and/or transaction services at any time where the cause is beyond our control; or

(c) any losses you suffer through connecting to any linked third party websites or any statements, information, content, products or services that are published on, or may be accessible from, any linked third party website and we do not guarantee that they are free from viruses or anything else that could be infectious or destructive; or

(d) for any products or services or information provided by third party providers; or

(e) if the site is unavailable at any time or for any period where the cause is beyond our control; or

(f) any errors or omissions in the site, save to the extent that we have been negligent in failing to remove or remedy any such errors or omissions; or

(g) any losses you may suffer by relying on any commentary or postings on the site; or

(h) any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your unauthorised downloading of any material posted on it, or on any website linked to it; or

(i) the privacy policies and practices of other linked third party websites, even if you access them using links from the site; or

(j) any unauthorised access or loss of personal information that is beyond our control; or

(k) the conveyancing services of any approved firm

None of the above shall operate to exclude or restrict your statutory rights as a consumer.

Subject to the paragraph below, our maximum aggregate liability (whether arising in contract, tort (including, without limitation, negligence) and/or breach of statutory duty or otherwise) shall be limited to £75,000.

Nothing in these terms and conditions limits our liability for death or personal injury arising from our negligence, nor our liability for fraud, fraudulent misrepresentation, nor any other liability that cannot be excluded or limited under applicable law.

The formation, existence, construction, performance, validity and all aspects of the contract formed in respect of your use of the site shall be governed by English law and the parties submit to the non-exclusive jurisdiction of England & Wales far as possible.

Any waiver by you or us of any breach of, or any default under, any part of these terms the other will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the contract unless it is expressly confirmed in writing by the party waiving its rights.

6. Consumer’s relationship with our approved solicitors

A. The Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013

  • Since your instructions will not been given to our approved solicitors or ABS ("the firm") at a face to face meeting at their offices, the above Regulations will apply to your agreement with them.
  • You have the right to cancel your instructions to the firm within fourteen working days of you agreeing to the firm's terms and conditions. You can cancel the agreement by either delivering a note cancelling your instructions to the firm's offices or by sending it to the firm by post, fax or e-mail. They will advise you of the address; fax and email to use.
  • If you cancel the contract then, subject to what we say below, the firm will reimburse to you for all payments received from you. They will make the reimbursement without undue delay, and not later than 14 days after the day on which they are informed about your decision to cancel the contract. They will make the reimbursements using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.
  • Further the firm cannot start work within this 14 day period unless you make an express request in writing or by email to them do this. They are likely to ask you for this permission since they will want to proceed with your transaction as quickly as possible. You will then be responsible for the costs and disbursements (transaction fees paid by them)  incurred up to the date that any cancellation is received by them. You shall also then pay them an amount for their costs which is in proportion to what has been performed in comparison with the full coverage of the contract, together with any disbursements already paid such as for Search Fees.

B. Contract and Retainer

If you use this website to (1) instruct the approved solicitors to carry out conveyancing work for you and (2) they confirm those instructions, then a solicitor - client relationship will exist between you subject to the protection afforded by the rules of the Solicitors Regulation Authority (SRA) and the Law Society of England and Wales.

Such a relationship will not exist until the solicitors confirm that they accept your instructions. Our approved solicitors have agreed to accept all instructions generated from our site unless they are prevented from doing so by reason of legal or professional obligations such as a conflict of interest. You will be notified without delay if this occurs.

All our approved firms have a written Complaints Policy and you acknowledge that in the event that you have any concerns or complaint on any aspect of the services that our approved solicitors provide to you, then that approved firm will be wholly responsible for handling and dealing with your concern or complaint.

C. Referral Fees

The SRA allows solicitors to make agreements with their introducing sources such as Smoover for referral work. Such agreements must comply with, Section 9 of the Solicitors' Code of Conduct 2011 (“the Code") which contains strict rules to safeguard you. Smoover and our approved solicitors have entered into a formal referral agreement under the Code and Smoover charge £100 plus VAT for each conveyancing transaction that completes. This is payable by the approved solicitors and our agreement provides that this is not passed on to you as consumer.

7. General provisions for a Consumer and Non-Consumer

You acknowledge and agree that damages alone may not be an adequate remedy for us if there is a breach or threatened breach of these terms and that in such situations we are entitled to seek all statutory and equitable remedies available to us (including, but not limited to, injunctions and specific performance).

Each right or remedy of you and us in respect of these terms shall not affect any other right or remedy of you or us whether under these terms or not.

If any provision of these terms found by any court, tribunal or administrative body to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, enforceability or unreasonableness, not be a part of these terms and the remaining provisions shall continue in full force and effect.

If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.

Service Terms and Conditions

SERVICE TERMS

These service terms outline how Smoover’s conveyancing quote and management services work, Smoover’s fees and charges and other important points related to the service that the company and our panel lawyers provide to our customer.

IMPORTANT NOTICE

We are not a law firm and do not provide legal services. We arrange a quote for the legal fee for your transaction, provide a conveyancing management tool for you and arrange for a law firm who has been appointed by us to our panel to provide you with the conveyancing service(s) you request.

We do not take any responsibility for, or accept any liability in relation to, the conveyancing services of any panel law firm or the availability of the conveyancing services that the panel firms may provide to you. The contract for the conveyancing services is between you and the relevant panel law firm and your rights in respect of the conveyancing services are against the relevant panel law firm. The panel law firm is responsible for providing you with full details of the contract you enter into with it and what you should do if you are not happy with the conveyancing services they provide.

Please also ensure that you have read the Disclaimer in this document which sets out our liability to you.

ABOUT US

www.smoover.co.uk (the “site”) is operated by Smoover Ltd ("we", "us" and "our"). We are a limited company registered in England. Our registered office is at Cortlandt George Street Hailsham BN27 1AE with company number 07139081.

THESE TERMS AND CONDITIONS

Before you can obtain a quote or instruct a Panel Law Firm through our site you must tick the box confirming that you have read, understand and agree to these terms and conditions. Our site and these terms and conditions are only available in English. Our Conveyancing Quote and Management Service is only available in respect of properties in England and Wales.

When you click for a quote, a contract for the supply of the conveyancing quote(s) and management services will be formed between you and us which will be governed by these terms and conditions (the "Smoover Contract").

HOW THE CONVEYANCING QUOTE AND MANAGEMENT SERVICES WORK

We have selected a number of firms of solicitors (“Panel Law Firms”) to provide residential conveyancing services (“Conveyancing Services”) to clients who are introduced to such firms through our site. Each of the Panel Law Firms is independent from us and is solely responsible for the provision of legal advice to you.

You will be required to complete a short form on our site to be provided with a quote for the Conveyancing Services.

In some cases, there may be additional payments you need to make to third parties not detailed in the quote (because, for example, they are unusual third party costs). Depending on the nature of the additional payment either the Panel Law Firm will reduce its legal fee so you will only pay the amount we quote through the site or you will have to pay the additional payment on top of the amount we quote through the site. Additional payments where the panel law firm will reduce its legal fee are listed at Part 1 of Appendix A and Additional payments you will have to pay are listed at Part 2 of Appendix A. Quotes are valid for 28 days and may change if you have given us incorrect information. Please note that this list does not include a fee which is demanded by a Landlord or Management Company for the production of documentation or information relating to the sale property. This amount will usually only apply to a leasehold property and will vary for every property.

If you wish to proceed with the Quote we will then pass on your details to the Panel Law Firm who will then carry out various checks to ensure that they can act for you. If you instruct a Panel Law Firm through the site to provide Conveyancing Services and the Panel Law Firm is able to act for you, the relevant Panel Law Firm will confirm to you that they have received your instructions and are proceeding with your transaction. Nothing in these terms obliges you to instruct a Panel Law Firm.

You will be bound by a separate direct contract for any Conveyancing Services with the Panel Law Firm and all payments for Conveyancing Services are made to that Panel Law Firm. We are not responsible for the advice provided to you by the Panel Law Firms. PLEASE SEE THE NOTICE AT THE START OF THESE TERMS AND CONDITIONS AND DISCLAIMER OF THESE TERMS AND CONDITIONS.

We do not guarantee that any Panel Law Firm will be able to provide you with Conveyancing Services.

SERVICE MANAGEMENT FEES

Solicitors are entitled to pay fees to third parties under Rule 9 of the Solicitors’ Code of Conduct provided that they comply with the relevant provisions within that Code. We have a written agreement with each of the Panel Law Firms whereby we introduce clients to them via our site and the Panel Law Firm pays us a fee of one hundred pounds plus VAT upon completion of each transaction referred to them through our site for the provision of the online service and support systems and management of the site. Our arrangements comply fully with Rule 9 of the Solicitors’ Code of Conduct.

YOUR STATUS

By submitting any forms on the site or speaking to us on the telephone, you agree that:

  • All the information you have provided is correct (we rely on this information to provide you with our quote and any inaccuracy may invalidate any quotes we give you and may prevent you having access to our Conveyancing Quote and Management Services);
  • You are at least 18 years old;
  • You are legally capable of entering into binding contracts;
  • You are entitled to buy and/or sell the relevant property;
  • You are contracting in your capacity as a consumer, not in the course of a business.
  • You will have provided us with an email address on the initial quote form and as we provided you with the Conveyancing Quoting and Management Service straight away you agree that you do not have the right to cancel the Smoover Contract.
  • You may be given a cooling off period in relation to the Conveyancing Services by the relevant Panel Law Firm. Details of this will be provided to you directly by the relevant Panel Law Firm. YOU ARE REFERRED TO HOW THE CONVEYANCING QUOTE AND MANAGEMENT SERVICES WORK SECTION OF THESE TERMS AND CONDITIONS.

TELEPHONE CALLS

When we call you, this will not cost you anything.

When you call us on 01323 446666 it will be charged as a National call at your standard network rate, at the same rate as an 01 or 02 number. We may record all calls for training and monitoring purposes in line with your legal rights (see Privacy Policy)

DISCLAIMER

We will provide our Conveyancing Quoting and Management Service to you with reasonable care and skill.

We do not accept any responsibility for inaccurate information provided to us by our Panel Law Firms or other third parties.

We do not accept responsibility for business losses.

WE ARE NOT A LAW FIRM AND DO NOT PROVIDE LEGAL SERVICES. WE ARRANGE A QUOTE FOR THE LEGAL FEE FOR YOUR CONVEYANCE, PROVIDE A CONVEYANCING MANAGEMENT TOOL FOR YOU AND ARRANGE FOR A PANEL LAW FIRM TO PROVIDE YOU WITH THE CONVEYANCING SERVICE(S) YOU REQUEST.

WE DO NOT TAKE ANY RESPONSIBILITY FOR, OR ACCEPT ANY LIABILITY IN RELATION TO, THE CONVEYANCING SERVICES OF ANY PANEL LAW FIRM OR THE AVAILABILITY OF THE CONVEYANCING SERVICES THAT THE PANEL LAW FIRMS MAY PROVIDE TO YOU. THE CONTRACT FOR THE CONVEYANCING SERVICES IS BETWEEN YOU AND THE RELEVANT PANEL LAW FIRM AND YOUR RIGHTS IN RESPECT OF THE CONVEYANCING SERVICES IS BETWEEN YOU AND THE RELEVANT PANEL LAW FIRM AND YOUR RIGHTS IN RESPECT OF THE CONVEYANCING SERVICES ARE AGAINST THE RELEVANT PANEL LAW FIRM. THE PANEL LAW FIRM IS RESPONSIBLE FOR PROVIDING YOU WITH FULL DETAILS OF THE CONTRACT YOU ENTER INTO WITH IT AND WHAT YOU SHOULD IF YOU ARE NOT HAPPY WITH THE CONVEYANCING SERVICES THEY PROVIDE.

Whilst we will use reasonable efforts to ensure that the site is available for use at all times and to ensure that any data stored on the site is not deleted or corrupted, we cannot guarantee this and shall not be liable to you in contract, tort (including negligence) or otherwise if the site is unavailable or if the data is corrupted or deleted. You acknowledge and agree that you are responsible for taking any back up copies of any data stored on the site.

We do not exclude or limit in any way our liability:

  • for death or personal injury caused by our negligence;
  • under section 2(3) of the Consumer Protection Act 1987;
  • for fraud or fraudulent misrepresentation;
  • for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

Subject to the details provided in our disclaimer our total liability to you whether in contract, tort (including negligence) or otherwise shall not exceed twenty five thousand pounds per claim.

YOUR DATA

Our privacy policy sets out details about how we use your data and forms part of these terms and conditions. By accepting these terms and conditions you also accept this privacy policy. Please click here to see the privacy policy.

CORRESPONDENCE BETWEEN US AND YOU

If you need to correspond with us in writing please send all correspondence to Cortlandt George Street Hailsham BN27 1AE We may write to you at either the e-mail or postal address you provide to us.

COMPLAINTS

If you have a complaint about us or our services then please refer to our complaints policy

TRANSFER OF RIGHTS AND OBLIGATIONS

You may not transfer your rights and obligations under the Smoover Contract you have entered into with us unless we have given you written permission to do so.

We can transfer our rights and obligations under the Smoover Contract in order to enable the Conveyancing Quoting and Management Service to be provided continuously or if we sell our business.

EVENTS OUTSIDE OUR CONTROL

We and you will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations under the Smoover Contract that is caused by events outside our reasonable control (known as a "Force Majeure Event").

A Force Majeure Event includes any act, event, non-happening, or accident beyond your or our reasonable control and includes the following:

  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks;
  • the acts, decrees, legislation, regulations or restrictions of any government.

Performance of the Smoover Contract will be suspended for the period that the Force Majeure Event continues for the party affected, and that party will have an extension of time for performance for the duration of that period. The affected party will try to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Smoover Contract may be performed despite the Force Majeure Event.

WAIVER

If we or you do not, at any time during the term of the Smoover Contract, insist upon strict performance of any of our obligations under the Smoover Contract or any of these terms and conditions, or if we or you do not exercise any of the rights which we are entitled to under the Smoover Contract, we and you will still be able to rely on these rights in the future.

SEPERATE CLAUSES

If any of these terms and conditions or any provisions of the Smoover Contract are found by a competent authority to be invalid, unlawful or unenforceable then that part will be deleted and the remaining parts will still be valid.

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of the Smoover Contract.

While we accept responsibility for statements and representations made by our advisors, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We may need to revise and amend these terms and conditions from time to time. If we subsequently change our terms and conditions, you do not need to worry as these will not affect you as the terms and conditions that are on our website when you request a quote will form the Smoover Contract.

LAW AND JURISDICTION

The Smoover Contract will be governed by English Law. Any dispute arising from, or related to, the Smoover Contract shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. In some circumstances the laws where you are domiciled may apply and the courts where you are domiciled may have jurisdiction.

 
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