Terms & Conditions
CLEMAS & CO. LIMITED
Please read these terms and conditions carefully before using this site
What is included in these terms?
These terms tell you the rules for using our website https://www.clemas.co.uk (our site) and content accessed through our site.
Who we are and how to contact us
https://www.clemas.co.uk is a site operated by Clemas & Co. We are registered in England and Wales under company number 02199265 and have our registered office and main trading address at Unit 16 Alexandra Way, Ashchurch Business Centre, Tewkesbury, Gloucestershire, England, GL20 8NB. Our VAT number is 487 8441 91.
By using our site you accept these terms
There are other terms that may apply to you
The following additional terms also apply to your use of our site:
- If you are a business and purchase products from our site, our Terms and Conditions for Online Sales to Business Customers [INSERT AS LINK TO TERMS AND CONDITIONS FOR ONLINE SALES TO BUSINESS CUSTOMERS] which apply to such purchases of our products.
We may make changes to these terms
We may make changes to our site
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.
We may suspend or withdraw our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may without notice suspend or withdraw or restrict the availability of all or any part of our site at any time for business or operational reasons.
Our site is only for users in the UK
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
How you may use material on our site
We are the owner or licensee of all intellectual property rights in our site and in the content published on it. These are protected by copyright laws and treaties around the world in relation to which all of our rights are reserved.
Our trade mark
Clemas & Co. is a trade mark of Clemas & Co. Limited. You are not permitted to use it without our approval.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make or give no representation, warranty or guarantee that the content on our site is accurate, complete or up to date and no such representation, warranty or guarantee should be implied.
We are not responsible for websites we link to
Where our site contains links to other sites or resources provided by third parties, these links or resources are provided for your information only. Our provision of such links or resources should not be understood as indicating approval by us of those linked websites or as confirmation of any information you may obtain from them.
We have no control over the contents of those sites or resources.
Rules about linking to our site
You may link to our home page if you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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 to our site in 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 on which you are linking must comply in all respects with the Content Standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on our site other than that set out above, please email us to request permission to do so.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. We do not exclude or limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you. In the case of sales of our products to business customers through our site, these are set out in our Terms and Conditions for Online Sales to Business Customers [INSERT AS LINK TO TERMS AND CONDITIONS FOR ONLINE SALES TO BUSINESS CUSTOMERS]
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our site to you for your domestic and private use. You agree not to use our site for any commercial or business purpose and that we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising from your use of our site for any commercial or business purpose.
How we may use your personal information
Uploading content to our site
Whenever you make use of the chat facility that allows you to upload content to or through our site to interact or communicate with us or our employees, you must comply with the Content Standards set out in our Acceptable Use Policy [INSERT AS LINK TO ACCEPTABLE USE POLICY].
In consideration of us making such a facility available to you, you agree and warrant to us that any content you upload shall comply with those Content Standards and that you will be liable to us and indemnify us for any breach of that warranty and for any loss or damage we suffer as a result of the breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a licence to use, store and copy that content and to distribute and make it available to our employees for the purpose of responding to you or performing the service provided through the site.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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. If you breach this provision, you will 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.
No text or data mining, or web scraping
Insofar as we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws applicable to us, you shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site.
Which country's laws apply to any disputes?
Acceptable Use policy
2. Lawful purposes
You may use our site only for lawful purposes.
2. Prohibited uses
You may not use our site:
- in any way that breaches any applicable national or international law or regulation;
- in any way that is fraudulent or has any fraudulent purpose or effect;
- for the purpose of harming or attempting to harm any person in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards; or
- to transmit, send or upload any material that contains viruses, trojan horses, worms, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to access without authority, interfere with, damage or disrupt:
- a) any part of our site;
- b) any equipment or network on which our site is stored;
- c) any software used in the provision of our site; or
- d) any equipment or network or software owned or used by any third party.
- Interactive Services
We may from time to time provide interactive services on our site, including a chat facility. We will do our best to assess any possible risks for users and to oversee the service in the light of any such risks, but we expressly exclude our liability for and you agree that we will have no liability for any loss or damage arising from the use of any interactive service by a user in contravention of the Content Standards set out in this Acceptable Use Policy, whether the service is overseen or not. The chat facility is not intended for the use of minors and any use of any of our interactive services by a minor is subject to the consent of their parent or guardian.
5. Content Standards
These standards apply to any and all content and communications which you upload to our site (“Contributions”) and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.
- be made for the purpose for which the interactive service is provided by us which is for us to answer questions from you relating to our products or services;
- be accurate and not misleading where they relate to facts and genuinely held where they relate to opinions;
- comply with all applicable laws.
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- be discriminatory in relation to race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trademark of any person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to any other person, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening or abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person; or
- be used to impersonate any person or to misrepresent your identity or affiliation with any person.
6. Suspension and Termination
We will determine, at our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our site. Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms and Conditions of Website Use upon which you are permitted to use our site, and may result in our immediate, temporary or permanent withdrawal of your right to use our site.