Terms and Conditions
These Terms govern the use of Our Service and set forth the rights and obligations of all users.
01
Interpretation and Definitions
Interpretation
The words with initial capitalization have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural form.
Definitions
• Affiliate: Means any entity that controls, is controlled by, or is under common control with party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
• Arbitration Body: Refers to the London Court of International Arbitration (LCIA) or any mutually agreed arbitration body.
• Client: Refers to the individual or business purchasing the services.
• Company: (Referred to as either “the Company,” “We,” “Us,” or “Our” in this Agreement) refers to the organization providing the Service as described in these Terms.
• Consumer Protection Laws: Refers to the laws applicable in the user’s jurisdiction, including but not limited to the Consumer Rights Act 2015 (UK), Directive (EU) 2019/770 (EU), and relevant state laws in the USA.
• Device: Means any device that can access the Service, including but not limited to a computer, cellphone, or digital tablet or any other similar device.
• Service: Refers to the website and all content, features, and functionality provided through it.
• Terms and Conditions (also referred to as “Terms”): Means these Terms and Conditions, which govern Your use of the Service.
• Third-Party Websites: Refers to websites or services that are not owned or controlled by the Company and that may be linked to or accessed through the Service.
• You: Refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
• Privacy Policy: Refers to the document that outlines how the Company collects, uses, and protects Your personal data, as referenced in these Terms.
02
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You.
Please read Our Privacy Policy at https://broker.british.co.uk/privacy-policy/ carefully before using Our Service.
03
Data Collection
We may collect certain information about Your use of the Website, including Your IP address, browser type, device details, pages visited, and other usage data. This information is used to improve the quality of the Service and for analytics purposes.
GDPR Compliance
If You are in the EEA, We process Your data in accordance with the General Data Protection Regulation (GDPR)(Regulation (EU) 2016/679). Your rights under GDPR include accessing, rectifying, deleting, or restricting Your data, as well as the right to lodge complaints with a supervisory authority. We process Your data based on consent, legitimate interests, or contractual obligations, as applicable.
For more details, please review our Privacy Policy: https://broker.british.co.uk/privacy-policy/.
04
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. These links are provided for Your convenience only, and their inclusion does not imply any endorsement, approval, or recommendation by the Company.
The Company does not have control over and assumes no responsibility for: the content, accuracy, or legality of these third-party websites or services; the privacy policies or practices of such third parties; the availability, quality, or reliability of any products, services, or content provided through these third-party websites.
You acknowledge and agree that the Company shall not be liable, directly or indirectly, for any loss or damage caused or alleged to be caused by: Your use of or reliance on any content, goods, or services available through these third-party websites or services; any interaction or transactions You engage in with third-party entities.
We strongly encourage You to review the terms and conditions, privacy policies, and any other relevant documentation of any third-party websites or services that You visit or use. Your interactions with these third parties are at Your own risk and subject to their terms.
05
Paid Brokerage Services
The Company offers two service options under its paid brokerage services:
1. Premium Brokerage
This service provides comprehensive brokerage assistance, including sourcing and negotiating deals tailored to Your requirements.
2. Fixed Price Quote No Brokerage
This service involves providing a fixed price quote without additional brokerage services or follow-up assistance.
Non-Refundable Fees
The fees associated with these services are non-refundable once the relevant service has been fulfilled. For the Premium Brokerage service, this applies once brokerage assistance has commenced. For the Fixed Price Quote No Brokerage service, this applies once the fixed price quote has been delivered.
The Client acknowledges and agrees to these terms upon purchasing the service. By using the Service, the Client waives the right to any refund or chargeback.
Consumer Protection Compliance
This clause complies with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (UK) and other applicable laws. Refund exceptions may apply where required by law for services not yet performed or delivered.
06
Termination
We may terminate or suspend Your access to the Service immediately, without prior notice or liability, if You breach these Terms and Conditions, including but not limited to engaging in activities prohibited under these Terms or violating applicable laws.
If Your access is terminated or suspended for reasons other than a breach of these Terms, the Company will provide You with reasonable prior notice in accordance with applicable laws. The duration and manner of such notice will depend on the circumstances and the applicable jurisdiction.
Upon termination, Your right to use the Service will cease immediately. You remain responsible for any obligations or liabilities incurred prior to the termination of access.
07
Limitation of Liability
To the maximum extent permitted by applicable law, the Company and its suppliers shall not be liable for any indirect, incidental, consequential, or punitive damages, including, but not limited to, loss of profits, loss of data, business interruption, or any other intangible losses, arising out of or related to the use or inability to use the Service, even if the Company has been advised of the possibility of such damages. In any event, the total liability of the Company to You for all claims arising under these Terms, whether in contract, tort, or otherwise, shall be limited to: 1. The total amount You have paid for the Service; or 2. £100, whichever is greater. This limitation does not exclude or limit liability for death, personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law. Jurisdictional Compliance: i. UK Law: This clause complies with the Unfair Contract Terms Act 1977 (UCTA), which limits liability disclaimers where they are unreasonable (§2-3 UCTA). Liability for personal injury or death caused by negligence cannot be excluded (§2(1) UCTA). ii. USA Law: This clause is enforceable under the Uniform Commercial Code (UCC §2-719) and relevant state contract law, provided it is not unconscionable. Certain states, such as California, may limit or void such disclaimers for gross negligence or intentional misconduct (California Civil Code §1668). iii. European Union Law: This clause aligns with the EU Unfair Terms in Consumer Contracts Directive (93/13/EEC), which prohibits terms that create a significant imbalance to the consumer’s detriment. Limitations on liability may be void if they exclude liability for gross negligence or breach of mandatory consumer protections. In jurisdictions where the exclusion or limitation of liability is restricted, the Company’s liability shall be limited to the greatest extent permitted by applicable law, and for consumers in the European Union, shall not exceed the remedies required under local mandatory consumer protection laws.
08
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. This also includes any warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limiting the foregoing, the Company makes no representation or warranty that the Service will: meet Your requirements; achieve any intended results; be compatible or work with other software, applications, systems, or services; operate without interruption; meet performance or reliability standards; be error-free or that any errors or defects will be corrected. Furthermore, neither the Company nor any of its providers guarantees: The operation or availability of the Service, or the accuracy and reliability of its information and content; that the Service will operate without interruptions or errors; that the Service, its servers, content, or emails sent from the Company are free from viruses, malware, or other harmful components. UK Law: This clause is subject to the Consumer Rights Act 2015, which ensures that digital services must be of satisfactory quality, fit for purpose, and as described. To the extent that any defects cannot be remedied as required under the Act, this clause will not exclude or limit those rights. EU Law: This clause complies with Directive (EU) 2019/770 on digital content and services, which requires conformity with the agreed functionality and quality standards. Limitations on implied warranties must not contravene mandatory consumer protections under EU law. USA Law: Warranty disclaimers are generally enforceable under the Uniform Commercial Code (UCC §2-316) and state laws. However, certain states, such as Massachusetts and New Jersey, may limit the exclusion of implied warranties for fitness and merchantability. Consumers in those states may retain statutory protections for defects. Exceptions: Some jurisdictions may not allow the exclusion of certain types of warranties or limitations of statutory rights, particularly those relating to consumer protection. In such cases, the exclusions in this clause shall apply to the maximum extent permissible under applicable law.
09
Governing Law
These Terms are governed by the laws of the United Kingdom. However, if You reside in the USA or Europe, mandatory consumer protection laws of Your place of residence may also apply.
10
Dispute Resolution
These Terms and any disputes arising out of or relating to the Service shall be governed by the laws of England and Wales, regardless of the Client's home jurisdiction or location. In the event of a dispute, the parties agree to first attempt to resolve the issue informally by contacting the Company first. If the dispute cannot be resolved informally, it shall be referred to and resolved exclusively through arbitration conducted in England, in accordance with the rules of the London Court of International Arbitration (LCIA) or another mutually agreed arbitration body. The arbitration proceedings shall be conducted in English, and the decision of the arbitrator(s) shall be final and binding on both parties.
11
Compliance with International Laws
You represent and warrant that You are not located in a country subject to sanctions or restrictions under applicable international law.
11a Changes to These Terms and Conditions
We reserve the right to modify these Terms at any time. If the changes are material, We will provide You with reasonable notice of at least a period of 30 days before the new Terms take effect.
By continuing to access or use the Service after the changes become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, You must stop using the Service.
12
Intellectual Property Rights
All content, features, and functionality on the Website, including but not limited to text, graphics, logos, images, and software, are the exclusive property of the Company or its licensors. You may not reproduce, modify, or distribute any content without prior written consent.
13
User Responsibilities
You agree to:
• Use the Service only for lawful purposes.
• Refrain from uploading, posting, or transmitting any material that is illegal, harmful, or infringes the rights of others.
• Not attempt to gain unauthorized access to any part of the Website or related systems.
13a Indemnification
You agree to indemnify and hold harmless the Company and its affiliates, employees, and agents from any claims, damages, or expenses arising out of Your use of the Service or violation of these Terms.
13b Entire Agreement
13c Severability
14
Waiver
The failure of either party to exercise any right or require the performance of any obligation under these Terms shall not constitute a waiver of that right or obligation. A waiver of any breach or default shall not be deemed a waiver of any subsequent breach or default, nor shall it limit a party’s rights under these Terms in any way.