Terms & Conditions Of Use
Clearlybusiness.com Ltd. Limited
Registered office: Registered office: 1 Churchill
Place, London, E14 5HP
Tel: 0845 601 5962
("Clearlybusiness.com Ltd.", "we" or "us")
Notice: Please read these terms and conditions (the "Terms") carefully. They govern your access to and your use of our website located at www.clearlybusiness.com (the "Site") together with the content, search facilities, directory services, online store service, email, forums, newsgroups and other internet services provided by us from time to time on or via the Site, in respect of which additional terms and conditions may apply. The Terms apply to both our members (those users that have registered on the Site at www.clearlybusiness.com) ("Members") and to visitors to the Site ("Visitors"). By accessing the Site you agree to be bound by the Terms - if you do not wish to be bound by the Terms you should not use the Site.
The Site Content
Unless otherwise stated, the content on the Site (including, without limitation, text, graphics and images) (the "Content") is provided without any warranties or guarantees.
The Content is protected by national and international copyright and other laws. The copyright subsisting in the Content on the Clearlybusiness.com Ltd. Site is either owned by or licensed to us (or our suppliers). You may retrieve and view Content on a computer screen, print individual pages on paper and store such Content in electronic form on a disk for your own personal, non-commercial use.
Except as set out above you may not reproduce, modify or in any way exploit (whether commercially or otherwise) any of the Content. In particular, but without prejudice to the generality of the restrictions set out in the immediately preceding sentence you may not: sell or modify any of the Content; remove or obscure any copyright and/or trade mark notice from any copies of the Content made by you; redistribute any of the Content; save any Content onto a server or other storage device connected to a network; photocopy any Content printed by you; and/or create a database of any Content by downloading and storing any of the Content.
Your dealings with, and interest in, promotions, services, or merchants found on or via the Site are solely between you and the person with whom you are dealing unless expressly stated to the contrary by us. We will not be responsible for any loss or damages that may arise from any such dealings.
We may provide - or merchants and content providers found on or via the Site may provide - links to other websites or resources. We are unable to accept responsibility for these websites or resources; neither can we be deemed to have endorsed their content, products or services.
We make all reasonable efforts to ensure that all information provided by us is accurate at the time of its inclusion; however, there may be errors, inaccuracies or omissions in respect of which we exclude all liability. Clearlybusiness.com Ltd. makes no representations or warranties about the information included on the Site (including links to third parties' websites). Any decisions based on the information contained on the Clearlybusiness.com Ltd. Site are your sole responsibility.
Information provided by us does not constitute legal or professional advice and should not be relied upon in this regard.
Information provided by us is not and shall not be construed as a financial promotion or an invitation to invest or otherwise deal in shares of any company. Prior to the execution of a share trade or other financial dealing, you are advised to consult your financial representative or other professional adviser.
Clearlybusiness.com Ltd. shall have no liability for investment decisions based on the information provided.
Clearlybusiness.com Ltd., its affiliates, information providers or content partners do not provide any warranty as to the timeliness, accuracy or completeness of the information on the Site.
Your submission of Content for publication on the Site
You are solely responsible for Content that you submit to us for publication on the Site ("User Content") and we shall be entitled to assume that all User Content submitted from your registered email address is authorised by you.
You must at all times exercise common sense, proper judgement and reasonable skill and care in submitting User Content to us.
In submitting User Content to us you must not disguise the origin of such Content, impersonate any other person or make any untrue representation about your expertise or interests.
User Content must not: be unlawful, illegal or criminal; or infringe any applicable laws or regulations or codes of best practice; or be defamatory, libelous, obscene, offensive, gratuitously sexual, threatening, intimidating, harassing, abusive, indecent or pornographic; or be untrue, incomplete, misleading, unreliable or out of date; or infringe any third party's intellectual property (including, without limitation, copyright, trade marks or database rights) or other rights (including, without limitation, contractual, delictual, tortuous, common law, statutory or other rights); or contain any form of commercial advertising or promotion of goods or services or any chain messages or so-called junk mail, chain letters or spam; or contain any computer viruses, Trojan horses or other harmful items (including anything which has contaminating or destructive properties).
You acknowledge that all User Content may be publicly posted and that accordingly third parties may read your User Content without your knowledge. Accordingly you shall not submit any User Content of a confidential nature to us for use on the Site. Clearlybusiness.com Ltd. shall be entitled to assume that you have authorised for publication all User Content submitted to us. Accordingly you should take particular care when submitting to us any User Content from which you or anyone else could be personally identified.
You represent, warrant and undertake to Clearlybusiness.com Ltd. that all User Content will fulfil the requirements of the four immediately preceding paragraphs.
You retain all intellectual property and other ownership rights in and to your User Content. By submitting User Content to us you automatically grant to Clearlybusiness.com Ltd. an exclusive, royalty-free, freely-transferable, worldwide, perpetual, irrevocable licence to use, delete, amend, reproduce, publish, distribute, edit, modify, translate, perform, display or otherwise exploit in any way through any media all of such Content submitted by you. To the fullest extent permitted by law you hereby irrevocably waive any and all moral rights which you may have in and/or to the User Content.
Storage of email or other content
Where we provide you with e-mail facilities, web hosting or other services which involve us providing storage space on our computers we hereby reserve the right to impose limits on the storage space provided. Such limits may be by reference to the physical amount of space made available to you, the number of e-mail messages held or any other method we may specify. We reserve the right to vary these limits from time to time and we will keep you informed by e-mail. We reserve the right to refuse to accept material and/or to delete material which exceeds the relevant limit.
Your obligations to us
You agree that you will only use the Site in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations.
Clearlybusiness.com Ltd. is a business related service and as such is not intended for use by children. Parents or guardians of children shall be responsible for the actions of any children accessing the Site.
Where applicable, you are responsible for maintaining the confidentiality of your username and the password assigned to you on registration. As a result, you are fully responsible for all activities which occur under them. You must notify us immediately of any unauthorised use of which you become aware.
You are responsible for obtaining the equipment and paying all telephone charges necessary to access and use the Site. You are also responsible for making your own back-up arrangements in accordance with good computing practice.
You agree not to use the Site or the services made available to you on or via the Site such that you cause the whole or part of the Site or such services to be interrupted, damaged, rendered less efficient or in any way impaired.
In order to maintain the integrity of Clearlybusiness.com Ltd., or protect the property or safety of any person, we reserve the right to forward your contact details to the police, or other regulatory authorities where requested to do so. We may also disclose your details where we believe you are in breach of these Terms or where a complaint arises concerning your use of the Site and where that use is deemed by us to be inconsistent with these Terms.
We may (acting in our sole discretion) reject, remove, edit, delete or otherwise withdraw from the Site any User Content. Clearlybusiness.com Ltd. shall be entitled to exercise this right without giving to you any reason or prior notice. Should you wish to request Clearlybusiness.com Ltd. to remove, edit, delete or otherwise withdraw from the Site any User Content please contact us at email@example.com . Clearlybusiness.com Ltd. will however have no obligation to remove, edit, delete or otherwise withdraw from the Site any User Content (other than as required by law) and may decline to do so without giving to you any reason for so doing.
Clearlybusiness.com Ltd. reserves the right, acting in its sole discretion, to withdraw the Site or to suspend or terminate your access to and use of the Site at any time. Clearlybusiness.com Ltd. may exercise this right without giving to you any notice or warning or reason.
We will use our reasonable endeavours to maintain the Site in a satisfactory operating condition. As we cannot guarantee that this will always be the case we do not accept responsibility for any interruptions or failures in the Clearlybusiness.com Ltd. service or for any defects that may exist, or for any costs, loss of profits, loss of data, or consequential losses arising from your use of, or inability to access or use the Site.
YOU HEREBY AGREE TO DEFEND, HOLD HARMLESS OR INDEMNIFY ON DEMAND PLC CONSULTING, ITS AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS AND/OR AGENTS FROM AND AGAINST ANY AND ALL COSTS, EXPENSES (INCLUDING LITIGATION COSTS AND LEGAL FEES), DAMAGES, SUITS, ACTIONS, JUDGEMENTS AND OTHER PROCEEDINGS SUFFERRED BY OR INCURRED BY ANY OF THEM AS A RESULT (WHETHER DIRECT OR INDIRECT) OF A BREACH BY YOU OF THESE TERMS. YOU HEREBY AGREE TO COOPERATE FULLY, AT YOUR OWN EXPENSE WITH PLC CONSULTING, ITS AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS AND/OR AGENTS IN THE EVENT THAT ANY PROCEEDING IS THREATENDED OR BROUGHT AGAINST ANY OF THEM WHICH RELATES IN ANY WAY TO YOUR USER CONTENT.
TO THE EXTENT TO WHICH YOUR USE OF THE SITE, OR THE USE OF THE SITE BY ANY PERSON WHO MAY BE AUTHORISED BY YOU OR FOR WHOM YOU ARE RESPONSIBLE (FOR EXAMPLE AS AN EMPLOYER OR AS THE PARENT OR GUARDIAN OF A CHILD) CAUSES LOSS OR DAMAGE TO ANY PERSON, YOU AGREE TO INDEMNIFY PLC CONSULTING IMMEDIATELY ON DEMAND IN RELATION TO ANY SUCH LOSSES OR DAMAGES ATTRIBUTABLE TO PLC CONSULTING, INCLUDING WHERE NECESSARY ANY LEGAL AND ADMINISTRATIVE, OR TECHNICAL CHARGES THAT MAY ARISE FROM SUCH USE.
Limit of liability
Clearlybusiness.com Ltd.' entire liability to you in respect of all matters associated with the services provided by us shall be limited as follows:-
- Nothing in these Terms excludes any liability for death or personal injury arising from the negligence of Clearlybusiness.com Ltd., its servants or agents.
- Nothing in these Terms excludes any other liability which is prohibited from being excluded by law.
- Except as set out in (a) and (b) above Clearlybusiness.com Ltd. accepts no liability for and hereby excludes any liability for any consequential or indirect losses, loss of profits, loss of business, loss of goodwill or any form of special damages.
- Clearlybusiness.com Ltd.' liability for direct losses shall (subject to sub paragraphs (a) and (b) above) be limited to the amount actually paid by you to Clearlybusiness.com Ltd. and all conditions, warranties or other terms whatsoever inconsistent with the provisions of this sub paragraph are hereby expressly excluded.
- In the event that (c) should prove for any reason ineffective to exclude any liability referred to in that sub paragraph, any such liability shall, subject to (a) and (b) be limited to the amounts actually paid by you to Clearlybusiness.com Ltd..
- each of sub paragraphs (a) to (e) above shall be a separate and sever
limitation and if any one or more of them shall prove for any reason ineffective to exclude any liability referred to in the relevant sub paragraph(s) the remaining sub paragraphs shall remain in full force and effect.
These Terms shall be deemed to be a contract made in England and these Terms and your use of the Site are subject to English law and the jurisdiction of the English courts.
In regard to use by customers and in regard to the formation of the contract between Clearlybusiness.com Ltd. and you the customer, all products, services, policies and terms are solely available in the English language unless otherwise explicitly stated.
Any delay or failure by us in enforcing any right under the Terms is not a waiver of that right and will not prevent that right or any other right or remedy from being exercised or enforced.
The Terms set out the entire agreement between us relating to your use of
our Site and related services.
We encourage all customers to retain and store a copy of these terms for future reference