Terms of Use

WEBSITE TERMS AND CONDITIONS

LAST REVISED ON 7 NOVEMBER 2024

  1. Overview

1.1. The website located at etaandassociates.com (the “Website”) is a copyrighted works provided by MIALDN.Com Limited, a private limited company incorporated in England and Wales with company number 10403170 (t/a “Eta & Associates”) (the “Practice”, “us”, “our”, and “we”) and with registered address at Eta & Associates, FORA Melcombe Place, 12 Melcombe Place, Marylebone, London, United Kingdom NW1 2JJ.

1.2. These general terms and conditions, together with the documents referred to in them (the “Terms”) govern your access to and use of the Website whenever you use the Website. 

1.3. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us, are incorporated by reference into these Terms, also apply to your use of the Website. 

1.4 By accessing or using the Website, you acknowledge and agree to be bound by these Terms, and you represent and warrant to the Practice that you have the right, authority, and capacity to enter into these Terms. If you do not agree to all the provisions of these Terms, you must not access or use the Website. 

  1. Definitions

In these Terms, “Feedback” means any suggestion or idea for improving or otherwise modifying the Website or any of the Practice’s other products or services.

  1. Changes to Terms and Use of Website

3.1. The Practice may amend these Terms from time to time by amending this page. Every time you wish to use the Website, please check this page to take note of any changes the Practice has made. You are responsible at all times for complying with the current version of these Terms.

3.2. The Practice does not guarantee that the Website, or any content in it, will always be available or uninterrupted. 

3.3. The Practice reserves the right (in our sole discretion) to suspend, discontinue or restrict the availability of the Website (or part thereof) for any reason or no reason at all. The Practice will try to provide reasonable notice of any such suspension, discontinuation or restriction. You agree that the Practice will not be liable to you or to any third or fourth party for any suspension, discontinuation or restriction of the Website or any part thereof.

3.4. We do not guarantee that the Website, or any content in it, will always be free from errors or omissions. The Practice reserves the right (in its sole discretion) from time to time to change the Website for any reason or no reason at all. The Practice will try to provide reasonable notice of any major changes. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes. You agree that the Practice will not be liable to you or to any third or fourth party for any change to the Website or any part thereof.

3.5. You acknowledge and agree that the Practice will have no obligation to provide you with any support or maintenance in connection with the Website.

3.6. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.

3.7. Nothing in these Terms will restrict the Practice’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you or the individual providing such Feedback, unless otherwise agreed. 

  1. Intellectual Property

    All trademarks, product names, logos and other content linked to intellectual property rights displayed on the Website (including, but not limited to, the Practice’s own intellectual property) are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable holder of such intellectual property.
  2. Disclaimers and Limitation of Liability

5.1. The Practice is not a financial institution and is not licensed by or under the supervision of any financial supervisory authority and does not provide any licensed financial services such as investment services, capital raising, fund management, management of a collective investment scheme or investment advice.

5.2. Because the Practice has a growing number of services, it sometimes needs to describe additional terms for specific services. Those additional terms and conditions, which are available with the relevant services, then become part of your agreement with the Practice if you use those services.

5.3. Any transactions initiated through the Website are authorised by Third Party Providers, and by using the Website you agree that you are governed by the terms of service and privacy policies for the applicable extensions.

5.4. The Practice administers the Website on an ‘as is’ basis and specifically disclaims all warranties, terms, representations, and conditions whether expressed, implied, or statutory, and including any warranties, terms, representations and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, or noninfringement. 

5.5. Other than to the extent prohibited by applicable law, in no event shall the Practice’s liability with respect to any single incident arising out of or related to these terms exceed the lower of one hundred British pound sterling and any amount transacted through the Website. The above limitations will apply whether an action is in contract or tort and regardless of the theory of liability. 

  1. Warranties and Indemnities

    6.1. You represent and warrant that you: 

(a) (if you are an individual) have legal capacity and are of legal age to form a binding contract and that you are at least 18 years old;

(b) have not previously been removed/suspended/restricted from using the Website; 

(c) are of sound mind and are capable of taking responsibility for your own actions and have full power and authority to agree to these Terms; 

(d) are not violating any other agreement to which you are a party in agreeing to these Terms;

(e) all the information you provide to us is accurate, up to date and not misleading and that you will notify us of any changes to any information you have provided; 

(f) any funds that you use to transact through the Website do not originate from any criminal activity or activity that is unlawful or could be considered unlawful by any relevant jurisdiction; 

(g) you will not use the Website if any applicable laws in your country prohibit you from doing so; and

(h) you are responsible for the accuracy of information relevant to the Works communicated to the Practice and you acknowledge that the Practice will hold you liable for any damages incurred as a result of inaccurate or misleading information provided to the Practice by you.  

If the Practice receives a complaint in respect of any content uploaded by you to the Website, it shall be your sole responsibility to deal with such a complaint and to compensate the Practice for any loss suffered. The Practice reserves the right to remove any content immediately upon receipt of a complaint.

6.2. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Practice, and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Practice Parties”), from and against all actual or alleged third or fourth party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, reasonable legal fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Website, (b) your violation of these Terms, (c) your violation of the rights of a third or fourth party, or (e) your failure to pay any applicable taxes due in connection with a transaction. You agree to promptly notify the Practice of any third or fourth party Claims and cooperate with the Terms for Traders Parties in defending such Claims. You further agree that the Terms for Traders Parties shall have control of the defence or settlement of any third or fourth party Claims. 

  1. Linking

7.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.

7.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

7.3. If you wish to make any use of content on the Website other than that set out above, please contact info@etaandassociates.com.

  1. Third or Fourth Party Links and Resources

8.1 Where the Website contains links to other websites and services and/or displays advertisements of third or fourth parties:

(a) These links and advertisements are not under our control and are provided for your convenience only. The Practice does not review, approve, monitor, endorse, warrant, or make any representations with respect to links and advertisements. You use all links and advertisements at your own risk, and should apply a suitable level of caution and discretion in doing so. 

(b) When you click on any links and advertisements, including the bizval Terms of Use, the applicable third or fourth party’s terms and policies apply, including the third or fourth party’s privacy and data gathering practices.

8.2. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such links and advertisements. The Practice assumes no responsibility for the content of such websites or resources and the Practice will not be liable for any loss or damage that may arise from your use of them.  

  1. No Agency, Partnership etc.

Nothing in these Terms constitutes, or shall be deemed to constitute, a partnership between the parties nor make any party the agent of another party.

  1. Assignment

You shall not assign any of their rights under these Terms, or delegate the performance of any of the obligations or duties hereunder, without the prior written consent of the Practice and any attempt by you to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be void and of no effect.

  1. Notices

You agree that any notices, agreements, disclosures, or other communications delivered to any email address that the Practice has for you on record is considered valid.

  1. Severability

If any provision of these Terms shall be held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; these Terms shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of these Terms; and, the remaining provisions of these Terms shall remain in full force and effect. 

  1. Termination

The Practice reserves the right, without notice and in its sole discretion, to terminate your license to access or use the Website at any time and for any reason. You understand and agree that the Practice shall have no liability or obligation to you in such an event.

  1. Entire Agreement; Amendment

These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, communications and agreements, whether written or oral, between the parties relating to the subject matter hereof and all past courses of dealing or industry custom.

  1. Waiver

The waiver by any party of a breach of or a default under any provision of these Terms shall not be effective unless in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of these Terms, nor shall any delay or omission on the part of any party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.

  1. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales and in the event of any dispute the parties hereby submit to the exclusive jurisdiction of the English courts.

Please feel free to contact us at info@etaandassociates.com if you have any questions about these Terms.