Terms and Conditions

Terms of Use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.big-red.co.uk (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

INFORMATION ABOUT US

www.big-red.co.uk is a site operated by Elite-Wealth Management UK Limited ("We"). We are registered in England and Wales under company number 06804590 and have our registered office at CHY AN BREA HEA ROAD, HEAMOOR, PENZANCE, CORNWALL TR18 3HB. Our main trading address is as for our registered office. We are regulated by Financial Services Authority No. 496442. We are an investment company. We are a limited company.

ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us 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 direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

TRANSACTIONS CONCLUDED THROUGH OUR SITE

The contract for the supply of Insurance formed through our site or as a result of visits made by you are governed by the Policy document.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for 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 our site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR SITE

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, but 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.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Thank you for visiting our site.

Terms of Supply

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply Big Red Legal Expenses Insurance (the Product) on our website www.big-red.co.uk (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

Please note that the Big Red Shield legal expenses insurance cannot be used to take legal action against Follett Stock LLP, Elite-Wealth Management Ltd or Legal Insurance Management Limited.

You should print a copy of these terms and conditions for future reference.

Please tick the box marked "I have read and understood the Terms & Conditions" on the "Buy Now" page of this website if you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order the Product from our site.

1. INFORMATION ABOUT US

We operate the website www.big-red.co.uk. We are Elite-Wealth Management UK Limited, a company registered in England and Wales under company number 06804590 and with our registered office at CHY AN BREA HEA ROAD, HEAMOOR, PENZANCE, CORNWALL TR18 3HB. We are regulated by the Financial Services Authority.

2. YOUR STATUS

By placing an order through our site, you warrant that:

2.1. you are legally capable of entering into binding contracts; and

2.2. you are at least 18 years old.

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1. Your placing of an order with us by filling out and submitting the form on our site constitutes an offer by you to purchase the Product from us.

3.2. After submitting the form your offer will be confirmed by us in writing online. Such written confirmation constitutes our acceptance of your offer and at this point a binding contract is formed between us.

3.3. You will receive your Policy Schedule, with your individual Policy Number, through the post from us.

4. CONSUMER RIGHTS

4.1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 6 below).

4.2. To cancel a Contract, you must inform us in writing. If you fail to comply with this obligation, we may have a right of action against you for compensation.

5. PRICE AND PAYMENT

5.1. The price of the Product will be as quoted on our site from time to time, except in cases of obvious error.

5.2. Product prices are liable to change at any time.

5.3. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Product to you at the incorrect (lower) price.

6. OUR REFUNDS POLICY

If you return a Product to us:

6.1. because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full.

6.2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

7. OUR LIABILITY

7.1. Subject to clause 7.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Product.

7.2. Subject to clause 7.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:

7.2.1. loss of income or revenue;

7.2.2. loss of business;

7.2.3. loss of profits;

7.2.4. loss of anticipated savings;

7.2.5. loss of data; or

7.2.6. waste of management or office time

7.2.7. However, this clause 7.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories 7.2.1 to 7.2.6 inclusive of this clause 7.2.7.

7.3. Nothing in this agreement excludes or limits our liability for:

7.3.1. death or personal injury caused by our negligence;

7.3.2. fraud or fraudulent misrepresentation;

7.3.3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

7.3.4. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

8. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

9. NOTICES

All notices given by you to us must be given to Elite-Wealth Management UK Limited at CHY AN BREA HEA ROAD, HEAMOOR, PENZANCE, CORNWALL, TR18 3HB. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in 8 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

10. TRANSFER OF RIGHTS AND OBLIGATIONS

10.1. The contract between you and us is binding on you and us and on our respective successors and assignees.

10.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

10.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

11. EVENTS OUTSIDE OUR CONTROL

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

11.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

11.2.1. strikes, lock-outs or other industrial action;

11.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

11.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

11.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

11.2.5. impossibility of the use of public or private telecommunications networks;

11.2.6. the acts, decrees, legislation, regulations or restrictions of any government; and

11.2.7. pandemic or epidemic.

11.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

12. WAIVER

12.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

12.2. A waiver by us of any default will not constitute a waiver of any subsequent default.

12.3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with 9 above.

13. SEVERABILITY

If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

14. ENTIRE AGREEMENT

15. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us for the purchase of the Product and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

16. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

17. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

18. Nothing in this clause limits or excludes any liability for fraud.

19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

19.1. We have the right to revise and amend these terms and conditions from time to time.

19.2. You will be subject to the policies and terms and conditions in force at the time that you order the Product from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

20. LAW AND JURISDICTION

Contracts for the purchase of the Product through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

21. THIRD PARTY RIGHTS

A person who is not party to these terms and conditions or a Product shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.