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Terms of Business

The following standard terms of business apply to all Services provided by Insolvency E-Market and the use of the Insolvency E-Market website.

All work carried out is subject to these Terms of Business except where changes are expressly agreed in writing.

  1. Interpretation
  2. General Terms
  3. Confidentiality
  4. Payment
  5. Complaints
  6. Electronic Communication
  7. Data Protection
  8. Bribery
  9. Criminal Finance and Facilitation of Tax Evasion
  10. Warranties
  11. Third Party rights
  12. Exclusion of Liability
  13. Use of our name
  14. Indemnity
  15. Employees and Third Parties
  16. Copyright
  17. Law and Statute Matters
  18. Whistleblowing
  19. No set-off
  20. Assignment and variation
  21. Severability
  22. Force Majeure
  23. Removal of Users and/or their listings and expression of interest from the website
  24. Termination
  25. Governing Law and Jurisdiction
  26. Entire Agreement

1. Interpretation

Business means Insolvency E-Market and any other name used by Insolvency E-Market or name change.

Data Protection means all applicable laws and regulations regarding the processing of Personal Data and privacy in the UK, including the Data Protection Act 2018, General Data Protection Regulation 2016, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any subsequent amendment, re-enactment, consolidation or replacement thereof or implementing legislation, including following any exit from the EU by the UK the United Kingdom General Data Protection Regulation (UK GDPR). The following terms used in this document have the same meaning as used in Data Protection Legislation: Data Controller, Data Processor, Data Protection Impact Assessment (DPIA), Data Subject, Data Subject Access Request, Personal Data, Personal Data Breach, Process, and Processing.

Employees means individuals working for or on behalf of Insolvency E-Market at all levels and grades, whether permanent, fixed-term or temporary, and wherever located, including consultants, contractors, seconded staff, casual staff, agency staff, volunteers, agents, sponsors and any other person who performs services for or on behalf of the Company.

Insolvency E-Market means the website www.insolvencyemarket.co.uk and any other website connected, or similar to, Insolvency E-Market or following a change of name.

Services: means the Services of matching buyers and sellers of insolvent businesses and/or assets instantly online.

Third Party means any individual or organisation that Employees come into contact with during the course of work and the running of the Company's business, and includes actual and potential clients, intermediaries, referrers of work, suppliers, distributors, business contacts, agents, solicitors, advisers, those acting on its behalf, entities with which it has any commercial dealings, government and public bodies (including their advisers, representatives and officials), politicians and political parties.

Principals: Current and future Principals of Insolvency E-Market.

Our, We, Us, means Insolvency E-Market.

User: Any person registered with Insolvency E-Market.

You means the parties to this Services other than us.

Words with a specific meaning in a technical context shall not have the same meaning here unless otherwise stated.

2. General Terms

2.1 Offer, acceptance or recommendation: No advert published or provided on Insolvency E-Market constitutes an offer or acceptance and cannot be construed as a recommendation by Insolvency E-Market

2.2 Sale of Products and Services: Insolvency E-Market does not purport to sell any products or services, whether investments products or otherwise. Insolvency E-Market is not authorised to sell investment products nor does it purport to be so.

2.3 Due Diligence: Users use Insolvency E-Market so at their own risk and should undertake their pwn due diligence before entering into any agreement.

3. Confidentiality

3.1 Our confidentiality obligations: All our Employees and Third Parties are subject to contractual confidentiality obligations in respect of Information relating to our clients. We confirm that where you give us confidential information, we shall at all times keep it confidential, except :

3.2 Consultation with third parties: We reserves the right to consult Third Parties in relation to the Services. and you irrevocably authorises us to discuss matters in relation to this Services with such third parties and to disclose relevant confidential information to them as we consider appropriate. That disclosure is on the basis that it is reasonable to expect that those third parties will maintain appropriate confidentiality in respect of matters disclosed to them.

3.3 Publicity: We may mention in appropriate circumstances that you are, or have been, a client of ours and the type of services provided. This will not involve disclosure of your confidential information.

3.4 Your confidentiality obligations: You shall not disclose our work or details of adverts or expressions of interest to any third party without our prior written consent, except as required by law, or any legal or regulatory authority.

4. Payment

4.1 Payment: By submitting a post on Insolvency E-Market the User agrees to pay the appropriate fee as specified on the website at the time of posting.

4.2 Payment of Invoices: All payments are to be made electronically at the time of posting. If it has been agreed that payment may be made on account all invoices are to be paid within 14 days.

4.3 Late Payment of invoices: Interest will be charged at 8% above the Bank of England's base rate.

4.4 Refunds: No refunds will be provided in any circumstances. Users are responsible to ensure that the information posted is correct and Insolvency E-Market does not accept any responsibility or offer refunds of the listing is incorrect.

4.5 Price Amendments: Insolvency E-Market reserves the right to amend the prices for posting from time to time, or to charge for non-chargeable Services.

5. Complaints

5.1 Complaints Procedure: Please email: EMAIL or use the contact us form found here.

6.Electronic Communication

6.1 Email: Users agree that the Business will communicate with you and others in connection with this Services, and otherwise, by e-mail or other electronic means. Internet communications are capable of data corruption and therefore we do not accept any responsibility for changes made to such communications after their despatch.

6.2 Risks connected to electronic communication: We do not accept responsibility for any errors or problems that may arise through the use of internet communication and all risks connected with sending commercially sensitive information relating to your business are borne by you. If you do not agree to accept this risk, you should notify us in writing that e-mail is not an acceptable means of communication.

6.3 Bank details: We will never change our bank details without confirming this to you by posted letter. Any emailed or telephoned communications appearing to be from us which are not confirmed by post are fake and we accept no liability for any loss caused to you through accepting such communications as genuine. Similarly, always give us by hand or by post (as well as by email) details of your bank account.

6.4 Virus checks: It is the responsibility of the recipient to carry out a virus check on any attachments.

7. Data Protection

7.1 Personal Data: To enable us to discharge the services agreed under our Services, and for other related purposes including updating and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance, we may obtain, use, process and disclose Personal Data about you/your business/company/partnership/its officers and employees and shareholders.

7.2 Data security: Any Personal Data that the Business may hold about individuals will be kept safe, secure and confidential. Even with such measures in place, accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data cannot always be prevented. We will inform you of any Personal Data Breach concerning information you have provided to us, without undue delay and in any case within 48 hours of our becoming aware of it, and will assist you with dealing with any Personal Data Breach that is our responsibility.

7.3 Data Protection Legislation: We confirm when Processing data on your behalf that we will comply with the relevant provisions of applicable Data Protection Legislation. You will also ensure that any disclosure of Personal Data to us complies with such legislation. If you supply us with any Personal Data or confidential information you shall ensure you have full informed consent to pass it to us and will fully indemnify and hold us harmless if you do not have such consent and that causes us loss.

7.4 Data Subject Access Request: Upon request you will provide us with reasonable assistance to help us respond to any Data Subject exercising their rights under Data Protection Legislation. This includes you responding to Data Subject Access Requests. If we receive any direct communication from a Data Subject seeking to exercise their rights we will inform you without undue delay.

7.5 Power of Attorney: If you are supplying us with Personal Data on the basis of a power of attorney for anyone, you must produce to us an original or certified power of attorney on demand.

7.6 Data Processing: Applicable Data Protection Legislation places express obligations on you as a Data Controller where we as a Data Processor undertake the processing of Personal Data on your behalf. We therefore confirm that we will at all times use our reasonable endeavours to comply with the requirements of applicable Data Protection Legislation when Processing Personal Data on your behalf. In particular we confirm that we have adequate security measures in place and that we will aim to comply with any obligations equivalent to those placed on you as a Data Controller.

7.7 Data Controller: Where we act as Data Controller and you as the Data Processor you confirm that you will at all times use your reasonable endeavours to comply with the requirements of applicable Data Protection Legislation when Processing Personal Data on our behalf. In particular you confirm that you have adequate security measures in place and that you will aim to comply with any obligations : equivalent to those placed on us as a Data Controller.

7.8 Exporting data outside the EU/EEA/UK: We may export Personal Data you supply to us outside the EU/EEA/UK for the purposes of storage and Data Processing. We will ensure all such data export is compliant with relevant Data Protection Legislation. You consent to such data export. Where cloud-based services are to be used you may be subject to our cloud services terms and conditions.

7.9 Data sharing: We may share information with the following:

7.10 Data retention: All listings will be retained for 12 months after the expiry of the listing and thereafter permanently destroyed. Certificates will be archived and can be accessed for a period of 24 months after the expiry of the listing

7.11 DPIAs and Inspections: We will provide all reasonable assistance if you undertake a DPIA and we will provide all evidence reasonably necessary to demonstrate our compliance with Data Protection Legislation. We will allow for and contribute to reasonable audits you conduct of our Processing of Personal Data in relation to the Services, including upon reasonable written notice, allowing inspections by you or a third party on your behalf (subject to them providing confidentiality undertakings to our reasonable satisfaction). You must also do the same.

7.12 Privacy and Cookies Notices: A copy of our Privacy and Cookies Notices can be provided upon request.

8. Bribery

8.1 Ethical conduct and integrity: We are committed to applying the highest standards of ethical conduct and integrity in its business activities. Every Employee and Third Party acting on our behalf is responsible for maintaining our reputation and for conducting company business honestly and professionally.

8.2 Zero tolerance to bribery and corruption: We take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all our business dealings and relationships wherever we operate. We require all those who are associated with it to observe the highest standards of impartiality, integrity and objectivity.

8.3 Prohibited acts: We prohibit any Third Party acting on our behalf from:

8.4 Our commitment: We will:

8.5 Money laundering offences: The offence of money laundering is defined by section 340(11) of the Proceeds of Crime Act and includes concealing, converting, using or possessing the benefits of any activity that constitutes a criminal offence in the UK, including deliberate tax evasion. It also includes involvement in any arrangement that facilitates the acquisition, retention, use or control of such a benefit.

8.6 Third Parties: Where we instruct any Third Party on your behalf, we will implement risk-based and proportionate procedures designed to prevent any relevant third party from engaging in, or agreeing to engage in any acts of money laundering in relation to the services.

9. Criminal Finance and Facilitation of Tax Evasion

9.1 Criminal Finance and Facilitation of Tax Evasion: We take a zero-tolerance approach to financial crime and tax evasion and are committed to acting professionally and with integrity in all our business dealings and relationships. Where we instruct any third party on your behalf, we will implement risk-based and proportionate procedures designed to prevent any relevant third party from engaging in, or agreeing to engage in, any acts of financial crime or tax evasion in relation to the services.

10. Warranties

10.1 False, inaccurate, misleading or fraudulent information: Users of Insolvency E-Market warrant that all registration and account information and information contained in posting and expressions of interest is not false, inaccurate, or misleading nor does it contain fraudulent information. to the best of their knowledge.

10.2 Good faith assessment of business and/or assets: Users warrant that any expression of interest is solely for the purpose of making a good faith assessment of the business and/or assets with a view to possibly making an offer to purchase and or purchase the busiemss and/or assets.

10.3 Illegal, Defamatory or infringement of third party rights: Users of Insolvency E-Market warrant that all registration and account information and information contained in posting and expressions of interest is not in any way illegal or defamatory, nor is it an infringement of any third party's rights.

10.4 Good faith: Users warrant that that all registration and account information and information contained in posting and expressions of interest are submitted in good faith.

10.5 Right, Power and Authority: Users of Insolvency E-Market warrant that they have the right, power and authority to list posts.

10.6 Sale of illegal products and services: Users of Insolvency E-Market warrant that all adverts do not purport to sell any products or services which are illegal, or which are illegal to sell in any of the jurisdictions the website operates in.

10.7 Own Risk: Users of Insolvency E-Market warrant that registration, posting and expressions of interest is entirely at their own risk.

11. Third-Party rights

11.1 Third-party rights: Persons who are not registered on our site shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Services. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

11.2 Advice provided: The advice that we give to you is for your sole use and does not constitute advice to any Third Party to whom you may communicate it. We accept no responsibility to Third Parties for any aspect of our professional services or work that is made available to them.

12. Exclusion of Liability

12.1 Our liability: The Business, its Principals, Employees and Third Parties will not be held responsible or liable for any losses, damages, (in contract or tory or under statute or otherwise) expenses or costs suffered by Users or Third Parties whether arising from any acts or omissions of Insolvency E-Market or any third party.

12.2 Types of loss: You will not hold the Business, its Principals, Employees or Third Parties, responsible, to the fullest extent permitted by law, for:

12.3 Technical Failure: Insolvency E-Marked is programmed to post, email interested parties and send expressions of interest in a timely manner. If a technical issue prevents this from happening Insolvency E-Market will take all reasonable steps to ensure that the posts, emails and expressions of interest are processed and delivered as soon as possible. Insolvency E-Market will not be held liable for technical failures preventing or causing any delay in the delivery of posts and emails.

12.4 Third Parties: Our work is not unless there is a legal or regulatory requirement, to be made available to third parties without our written permission and we will accept no responsibility to third parties for any aspect of our professional services or work that is made available to them.

12.5 Data Sharing: Insolvency E-Market is a website for sharing information of distress businesses and or assets for sale to as many interested parties as possible. This information may be used by the interested parties or third parties for any reason, whether in accordance with these Terms of business or not. Insolvency E-Market accepts no responsibility or liability whatsoever.

12.6 Warranties Conditions or other Terms: All warranties, conditions or other terms whether implied by statute or otherwise are excluded to the extent permissible by law.

12.7 Notification of claims: If Users become aware of any claims, whether actual, threatened or suspected, made by a Third Party or parties against the Users and/or Insolvency E-Market they will promptly notify Insolvency E-Market of the claim and, take, or procure to be taken, such action as Insolvency E-Market may reasonably request to avoid a dispute, resist, appeal, compromise or defend such a claim. The Business will provide you and its legal advisers with such information and documentation relating to such claim as you may reasonably require. The User will indemnify Insolvency E-Market to our reasonable satisfaction against all losses, liabilities, claims, costs, charges and expenses suffered or incurred.

13. Use of our name

13.1 Prohibition on the use of our name: You are not permitted to use our name in any statement or document that you may issue unless our prior written consent has been obtained. The only exception to this restriction would be statements or documents that in accordance with applicable law are to be made public.

14. Indemnity

14.1 Indemnification: As further consideration for the Business providing the Services, you agrees to indemnify the Business from and against all losses arising out of, or in connection with, the Services or otherwise, by reason of, or in connection with any other matter or activities referred to as contemplated in the Services which the Business may suffer or incur in any jurisdiction. All costs and expenses incurred by the Business will be reimbursed by you promptly on demand, including any reasonable costs incurred in connection with the investigation of, preparation for, or defence of any pending or threatened litigation or claim within the terms of the indemnity or any matter incidental thereto. You will not be responsible for any losses to the extent that they arise from, or have resulted from, the negligence of the Business or from the knowing disregard of matters of which the Business or its Principals or Employees had actual knowledge, or from the Business's bad faith or wilful default.

14.2 Common law: This indemnity will be in addition to any rights that the Business may have at common law or otherwise (including, but not limited to, any right of contribution).

14.3 Notification of claims: If the Business becomes aware of any claim relevant for the purposes of the indemnity, we will promptly notify you of the claim and will, subject to being indemnified by you to our reasonable satisfaction against all losses, liabilities, claims, costs, charges and expenses suffered or incurred thereby, take, or procure to be taken, such action as you may reasonably request to avoid a dispute, resist, appeal, compromise or defend such a claim. The Business will provide you and its legal advisers with such information and documentation relating to such claim as you may reasonably require.

15. Employees and Third Parties

15.1 Right to choose Employees: The Business reserves the right to choose the Employees within the Business to undertake the Services on behalf of you and to change them as we consider necessary during the course of the Services.

15.2 Appropriate level and expertise of Employees: The Business confirms that it will use Employees with the appropriate level of expertise and experience for the type of work being undertaken in the Services.

15.3 Subcontracting: We may obtain services from sub-contractors. In such case the terms of this Services shall apply for their benefit. We take sole responsibility to you for the Services provided by us and any sub-contractor involved in providing the Services You agree not to bring any claims in respect of the Services against any parties other than us.

15.4 Links to Third Party Websites: Our website contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility or liability for the content, privacy policies or practices of any third party sites or services.

16.1 Copyright: The Business retains all copyright, database right and other intellectual property rights in original material (including correspondence) provided to you in the course of any work that the Business carries out on your behalf.

16.2 Non-exclusive licence: You will have a non-exclusive licence to use all original material created by us and provided to you for the purpose for which such material was prepared. From time to time we may also provide you with copies of other material, the copyright and/or other intellectual property rights in which may belong to third parties. The Business does not authorise you to copy or otherwise use this Third Party material in any manner which might amount to an infringement of the copyright and/or other intellectual property rights of that Third Party.

16.3 Assignment of all Copyright: The User hereby assigns to Insolvency E-Market all rights, including but not limited to all copyright in all listings and warrants that any activity, including the re-use of posts or other information submitted, does not and will not infringe any legal right of the User or any Third Party.

17. Law or Statute Matters

17.1 Complying with law,or statue: Nothing in these Terms of Business or Services Letter prevents the Business from complying with the law or statute responsible for regulating the business activities of the Business.

18. Whistleblowing

18.1 Whistleblowing: We are required by law and by professional standards to report certain matters to external authorities and we accept no responsibility to you for doing so.

18.2 Protection of whistleblowers: We will protect whistle-blowers from wherever they are. We encourage confidential whistleblowing to assist us protect the supply chain from slavery and human trafficking.

19. No set-off

19.1 Right to set off: All monies including, but not limited to, any fees or expenses payable by you to the Business under the Services will be paid in full in accordance with the Terms and Conditions without any set off, deduction, counter-claim or withholding payment.

20. Assignment and variation

20.1 Assignment of rights and obligations: These Terms of Business are personal to the parties to them and the rights and obligations of the parties may not be assigned or otherwise transferred.

20.2 Variation of these Terms and Conditions: The Services may be varied by an agreement in writing between the Business and you, or by the Business issuing Terms and Conditions that replace these Terms and Conditions, and to which you do not object within 28 days of their despatch.

21. Severability

21.1 Severability: Each provision in these Terms of Business is severable, and if any provision is, or becomes, invalid or unenforceable or contravenes any applicable regulations or law, the remaining provisions will remain in full force and effect.

22. Force Majeure

22.1 Meaning of Force Majeure: A force majeure event for the purposes of these Terms of Business will mean any material event or circumstance beyond the reasonable control of a party, including Act of God, explosion, revolution, insurrection, riot, civil commotion, national or local emergency, terrorist act, act of government, cyber attack on computer systems, strike, fire or flood.

22.2 Notification of Force Majeure: If any party is affected by a force majeure event which prevents or delays full or prompt performance of the services to be provided in the Services, it will promptly notify the other party.

22.3 Liability of Force Majeure: Neither party will be liable for any delays or failure to perform the services to be provided in the Services to the extent that it arises from a force majeure event.

23. Removal of Users and/or their listings and expression of interest from the website

23.1 Removal of posts: Insolvency E-Market reserves the absolute right to immediately remove information it believes to be in breach of these Terms of Business, without prior communication with the User. Any reinstatement of the information shall be at the sole discretion of Insolvency E-Market. There is no right of appeal against this decision and the Insolvency E-Markets decision is final.

23.2 Removal of expressions of interest: Insolvency E-Market reserves the absolute right to immediately remove information it believes to be in breach of these Terms of Business, without prior communication with the User. Any reinstatement of the information shall be at the sole discretion of Insolvency E-Market. There is no right of appeal against this decision and the Insolvency E-Markets decision is final.

23.3 Suspension and Termination of accounts: Any use of Insolvency E-Market in breach of the Terms of Business may lead to suspension or termination of a User account. Insolvency E-Market reserves the right to withdraw access to Insolvency E-Market services at any time for any reason and to suspend or terminate a Users account as it sees ft. There is no right of appeal against this decision and the Insolvency E-Markets decision is final.

24. Termination

24.1 Right to terminate: We reserve the right to cancel the Services between us with immediate effect in the event of:

24.2 Insolvency: We reserve the right to cancel the Services between us with immediate effect in the event of your insolvency, bankruptcy or other arrangement being reached with creditors;

25. Governing Law and Jurisdiction

25.1 Governing Law: English law shall apply to the construction and interpretation of our Services with you and the English Courts shall have exclusive jurisdiction to resolve any disputes under it. The Courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning our Terms of Business and any matter arising from it. Each party irrevocably waives any right it may have to object to any action being brought in those courts, to claim that the action has been brought in an inappropriate forum, or to claim that those courts do not have jurisdiction.

25.2 Conflict of law: If any provision in these Terms of Business, or their application, are found to be invalid, illegal or otherwise unenforceable in any respect, the validity, legality or enforceability of any other provisions shall not in any way be affected or impaired.

25.3 Changes in the law: We will not accept responsibility if you act on advice previously given by us without first confirming with us that the advice is still valid in light of any change in the law or your circumstances. We will accept no liability for losses arising from changes in the law or the interpretation thereof that occur after the date on which the advice is given.

25.4 Statutory Rights: Your statutory rights are not affected.

26. Entire Agreement

26.1 These Terms of Business setting out some further details governing our relationship, and these two documents, together with any related appendices and schedules, shall together represent a contract between us.

26.2 If you object to any aspects of these Terms of Business you should not use the website nor any services or information offered by Insolvency E-Market.