Terms of Use, Legal and Policies

1. Terms of website use

This page (together with the documents referred to on it) informs you of the terms subject to which you may make use of our website at www.simpsonmarwick.com (“our site”).

Please read these terms of use carefully before you start to use our 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.

We may revise these terms of use at any time.  Any change will be effective once reflected in the text of these terms and published on our site.

You should check our site from time to time to review the current posting.

Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages on our site.

We may prevent or suspend your access to our site if you do not comply with any part of these terms, any terms or policies to which they refer or any applicable law.

ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw any information and/or service we provide on our site without notice (see below).  If the need arises, we may suspend access to our site or close it indefinitely.

We will not be liable for any damages, loss, costs or expenses incurred by you if for any reason our site is unavailable or inaccessible at any time or for any period.  We do not promise that our site will be available at all times nor do we promise the uninterrupted use by you of our site.

You are responsible for making all arrangements necessary for you to have access to our site and for keeping your password and account details confidential.

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 (including all text, photographs, illustrations, designs, graphical images, animations, video materials, audio materials and trademarks) published on it.  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 within your organisation 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 photographs, illustrations, designs, graphical images, animations, video materials, audio materials or trademarks separately from any accompanying text.

Our stats (and that of any identified contributors) as the authors and owners or licensees 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.

Other than as explicitly permitted hereunder, no part of our site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our site are general in nature and are not included to amount to advice provided by an independent professional experienced and practicing in that area 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.  Any reliance that you place on information on our site is at your own risk.

OUR SITE CHANGES REGULARLY

We aim to update our site regularly and may change the content at any time.

We reserve the right to amend any information and/or service we provide on our site without notice.

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 “as is” without any guarantees, representations, conditions, or warranties as to its accuracy.

If your use of material on our site results in the need for servicing, repair or correction of equipment, software, or data, you assume all costs thereof.

To the fullest extent permitted by law, we and any third parties connected to us hereby expressly exclude:

All express and implied guarantees, representations, conditions, warranties and other similar terms of whatsoever nature.

Any implied terms for relevant jurisdiction which, but for this legal notice, might have effect in relation to our site.

Any liability for any direct, indirect or consequential loss or damage incurred by any user (including without limitation, any direct, indirect, punitive or consequential loss or damage, or any loss of income, business, revenue, profits, anticipated savings, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, wasted management or office time, or any distributed denial-of-service attack, and whether arising in tort or delict, including without limitation negligence, contract or otherwise) and another loss or damage howsoever occurring even if foreseeable, 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 or any viruses or technologically harmful material that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing our site or your downloading of any material from our site or any websites linked to our site.

Nothing in these terms operates to exclude, limit or restrict our liability for death, personal injury caused by our negligence or fraudulent misrepresentation.

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 impairs the performance or functionality of our site or our information technology systems.

You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer, database, or other system 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 and any other related data we hold to them.

In the event of such a breach of these terms of use, your right to use our site will cease immediately.

LINKING TO OUR SITE

  • You do not remove, distort, or otherwise after the size or appearance or any logos on our site.
  • You do not create a frame or any other browser or border environment around our site.
  • You do not engage in any form of inline or deep linking with regard to any material within our site.
  • You do not in any way imply that we endorse any products or services other than our own.
  • You do not misrepresent your relationship with us nor present any other false information about us.
  • You do not otherwise use any logos or trademarks displayed on our site without our express written permission or where the logo or trademark belongs to a third party the permission of the owner.
  • You do not link from a website that is not owned by you.
  • Your website does not contain content that is distasteful, offensive, or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We are expressly reserve the right to revoke the right granted in this clause for breach of these terms and to take any action we deem appropriate.

You shall fully indemnify us for any loss or damage suffered by us as a result of your breach of this clause.

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 and convenience only.

We are not associated with and do not have any 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.

If you use these links, you leave our site.  We may not have reviewed these third-party websites and do not control and are not responsible for these websites or their content or availability.

We therefore do not endorse or make any guarantees, representations or warranties about them, or any material found there, or any results that may be obtained from using them.

If you decide to access any of the third-party websites linked to our site, you do so entirely at your own risk.

CONTACT

Any queries or requests regarding these terms of use of our site should be addressed to Simpson & Marwick Limited, Suite 2, Ground Floor, Orchard Brae House, 30 Queensferry Road, Edinburgh, EH4 2HS.

JURISDICTION AND APPLICABLE LAW

The Scottish 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 are governed by Scots law.

2. Trading Styles

Simpson & Marwick Limited is a property business that trades as both Simpson & Marwick and Esson & Aberdein throughout Scotland.

3. VAT

Simpson & Marwick Limited’s VAT registration number is: 443 1263 24

4. Complaints

Complaints relating to Simpson & Marwick Limited

If you are unhappy or concerned about any aspect of our service or conduct and you would like to make a complaint you should contact the person responsible for your instruction in the first instance. You can also refer the matter to one of our Directors by emailing compliance@simpsonmarwick.com. Please entitle your email ‘Complaint’ and provide as much information as possible.

We will aim to acknowledge your complaint within two days.  A response to your complaint will be reported in writing to you as soon as we can.

5. Cyber security statement

If you receive any communication purporting to be from Simpson & Marwick Limited or any of the our Directors or employees about which you are uncertain or suspicious, please forward it to compliance@simpsonmarwick.com and we will investigate.  Never reply to such e-mails and particularly do not part with money, provide personal or confidential information and do not click on any links in the e-mail.

Please be aware cyber-criminals deliberately target lawyers and their clients, often by attempting to impersonate your lawyer.  Be particularly sensitive to the fact that email is not secure and can be intercepted and amended.  If you are due to transfer money to us and have received an e-mail with sort code and account details, then we recommend you call your main contact here and ask them to corroborate these details.  Please use a phone number from our website or terms of engagement letter and not one from the same e-mail as contains the bank account details.  We will not change bank account details during the course of a transaction, and we will not pressurise you into transferring large sums of money.

Avoid posting statuses on social media about buying/selling houses, or getting a mortgage, or any other matter that may involve a large financial transaction. Fraudsters monitor social media for this information.

Avoid using public Wi-Fi systems to check e-mails and correspond with Simpson & Marwick Limited.  Fraudsters can easily hack into vulnerable Wi-Fi systems.

If you use webmail (e.g. Hotmail, Gmail, etc) then ensure you have a strong password; do not share the same password on different accounts, and definitely switch on two factor authentication (which would alert you, e.g. by SMS text if anyone else attempted to log on to your webmail account).

Simpson & Marwick Limited will never attempt to induce anyone to click on links to potentially fraudulent websites, or submit personal information, or to part with money as an upfront payment in order, for example, to release a prize.

For further information on how you can improve online safety behaviour please visit the UK Government’s site https://www.cyberstreetwise.com/.

6. Modern slavery statement

Simpson & Marwick Limited is committed to preventing acts of modern slavery and human trafficking from occurring within them and along their supply chains.

Within both businesses, we have in place an Anti-Slavery policy setting out our commitment to combat modern slavery, together with an Anti-Corruption and Bribery Policy.

In order to provide legal services, we work with a range of suppliers, primarily within the United Kingdom.  We endeavour to make sure our suppliers are aware of our policies, and request that they adhere to the same high standards and practices where appropriate.

While we do not primarily operate in high-risk sectors or locations, we regularly evaluate the nature and extent of its exposure to the risk of modern slavery occurring in our supply chain and will investigate any potential risks as appropriate.

7. Anti-money laundering

Simpson & Marwick Limited is fully committed to fulfilling its obligations under the Money Laundering Regulations 2017 and 2019, the Proceeds of Crime Act 2002, the Terrorism Act 2000 and other relevant legislation, for the purposes of combatting money laundering and terrorist financing.

We will normally carry out client verification checks at the stage of client take on and on an ongoing basis, as well as seeking to establish, where appropriate, the source of wealth and source of funds used in transactions in which they are involved.

Procedures and policies are in place to ensure compliance with the relevant legislation.  Our employees and directors are trained in how to comply with the legislation, and we may refuse to act if we have concerns.

8. Anti-Bribery Statement

Simpson & Marwick Limited is committed to the prevention of bribery and corruption as we recognise the importance of maintaining our reputations and the confidence of our clients and business partners.

We do not accept bribery and corruption in our business, and we will not work with others who do not share our commitment to preventing bribery and corruption.

If you have any concerns or suspicions, we should know about then please contact one of our Directors at compliance@simpsonmarwick.com. Please entitle the email ‘Anti-Bribery Concern’.

9. Corporate Social Responsibility

We believe in taking an ‘actions, not words’ approach when it comes to being socially, economically and environmentally responsible and sustainable business.

For us, this means providing a range of property services that not only comply with relevant laws, regulations and principles but also taking measurable steps to ensure that we improve the positive impact our business has in the areas of workplace, community, environment and marketplace.

Simpson & Marwick Limited believes inbeing socially, economically and environmentally responsible is a journey which feeds into everything we do, from our company values and how we treat our employees, to being a good neighbour, our daily interactions with our clients and the environmental impact our business has when delivering the services we provide.