1.1 These terms and conditions (“Terms”) govern your use of the website: http://www.cleansorb.com (the “Website“) and all services available through the Website (the Website and the services available through it are referred to collectively in these Terms as the “Services“).
1.2 By accessing the Services and/or, if you register and create an account, by checking the “I have read and agree to the Terms” box on the Website, you are agreeing to these Terms and enter into a legally binding contract with Cleansorb Limited, a company incorporated in England and Wales with registered office at 1J Merrow Business Centre, Merrow Lane, Guildford, Surrey GU4 7WA, United Kingdom and with registered number 02974002 (“we”, “us“, and “our” shall be construed accordingly).
1.3 If you do not agree to these Terms you may not use the Services.
1.4 We may, at our sole discretion, modify or replace these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of any changes to these Terms and/or, when you log into your account, by checking the “I have read and agree to the Terms” box on the Website, constitutes your acceptance of such changes. If you do not agree to such changes, you should stop using the Services.
2. The Services
2.1 Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable, revocable right and licence to access and use the Services for your internal business purposes only.
2.2 The Services may include access to calculators and/or other tools. To the extent that any such calculators and/or other tools are made available to you as part of the Services, these are made available for your information and convenience only. You should not rely on them, or any results they produce, for making any calculations or assessments (such as treatment volume or chemical concentration requirements), and you should make any such calculations and/or assessments independently of the Services (before, for example, ordering any treatment chemicals from us or any third party).
3.1 You agree not to:
(a) use the Services or access to them for any fraudulent or unlawful purpose;
(b) use the Services or access to them to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorses any statement you make;
(c) interfere with or disrupt the operation of the Services or access to them;
(d) transmit or otherwise make available in connection with the Services or access to them any computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment (including, without limitation, any virus, worm, Trojan horse, Easter egg, time bomb, and/or spyware);
(e) restrict or inhibit the ability of any other person to access or use the Services;
(f) use the Services or access to them for any commercial purposes, other than solely for your internal business purposes;
(g) display, circulate, publish, retransmit, redistribute, reproduce, duplicate, copy, sell, resell or otherwise exploit, or provide any kind of access to all or any part of the Services outside of your business organisation by any means or medium now or hereafter created;
(h) modify, adapt or translate any portion of the Services;
(i) remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Services;
(j) create a database by systematically downloading and storing any information available via the Services; and/or
(k) use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather or reproduce the Services or circumvent the navigational structure or presentation of the Services.
4. Linking to and from Third Party website(s)
4.1 From time to time, the Website may include links to third party websites. These links are provided for your convenience only and do not signify that we endorse such third party websites.
4.2 We do not review such third party websites and you acknowledge and agree that:
(a) we are not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and do not control their content or availability;
(b) we make no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites; and
(c) if you access any such websites, you do so entirely at your own risk.
4.3 You may include links to the Website on another website providing you acknowledge and agree to the following:
(a) we are not liable to you for any loss you suffer as a result of such links;
(b) we do not promise that the Website will be continuously available (and therefore such links may not always work);
(c) you will not insert such links on any website which contains any content which is illegal, infringes any rights, such as the intellectual property rights, of any third party or contains any adult content;
(d) our consent to such links does not constitute any grant of any rights in the Website to you or any third party; and
(e) we reserve the right to object to any such links and require you to remove them.
5.1 You shall not, during or at any time after the termination of these Terms disclose to any person whatsoever the Services, or any part of them, and/or any information relating to our business or make use of the same in any manner which may be prejudicial to us, except if required to disclose such information by law or by any court of competent authority (in which case you will, to the extent possible, notify us before disclosing such information).
5.2 We may request that you supply feedback on the Services. If you do so, you agree that we may publish such feedback, in edited or unedited form, in any media, including, without limitation, on the Website.
7. Intellectual Property
7.1 You acknowledge and agree that we exclusively own or have been licensed by third parties to use all rights (including, but not limited to, intellectual property rights), title and interest in the Services.
7.2 We do not grant to you any right, title or interest in or to the Services other than as set out in these Terms. You agree to limit distribution of the Services to those within your organisation who are aware of and have agreed to comply with the obligations imposed by these Terms and that all such distribution will include an acknowledgement of our status as owner and/or licensee of the Services.
8. Limitation of Liability
8.1 We endeavour to keep the Services complete, accurate and up to date, however, you agree and acknowledge that errors may occur and circumstances may change and therefore that the information available via the Services may not always be complete, accurate and up to date.
8.2 We will supply the Services using reasonable skill and care but you acknowledge and agree that the Services and access to them are provided “as is” and that we make no other representations, warranties or guarantees, whether express or implied, with respect to the Services including:
(a) that access to the Website will be uninterrupted or error-free;
(b) that the Website or the computer server from which the Website is made available, are free of viruses or other harmful components; and
(c) to the accuracy, availability, completeness, content, quality, reliability, suitability or timeliness of any information contained in or delivered via the Services or otherwise made available in connection with the Services.
8.3 We shall not be liable to you for:
(a) any punitive, exemplary or indirect loss;
(b) any loss of goodwill, reputation or opportunity; and/or
(c) any loss of or corruption of data, in each case arising out of or in connection with these Terms or any breach or non-performance of them, no matter how fundamental (including by reason of our negligence) whether or not that we had been informed of or was aware that there was a serious possibility of such loss.
8.4 Notwithstanding the above provisions of this Clause 8, our total aggregate liability to you arising under or in connection with these Terms or any breach or non-performance of them no matter how fundamental (including by reason of our negligence) in contract, tort or otherwise shall not exceed £50.
8.5 Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) breach of any obligation implied by statutory law which cannot lawfully be excluded.
9. Term and Termination
9.1 These Terms remain in effect from acceptance by you, as set out in Clause 1.2, until termination by us or you in accordance with this Clause 9.
9.2 You acknowledge and agree that we may, in our sole discretion, on written notice to you, suspend or terminate your account and/or your access to the Services at any time for any reason and without notice to you.
9.3 You may stop using the Services at any time.
9.4 On termination of these Terms:
(a) you will immediately cease access to and use of the Services. Any use of the Services after termination of these Terms is improper and will infringe our and third party rights. However, if you nonetheless access or use the Services after termination of these Terms, such use or access will be subject to all restrictions, limitations and obligations applicable to users of the Services who are authorized to access and use it, in accordance with the current version of the Terms then in effect as to such users; and
(b) the following Clauses of these Terms will continue in full force and effect: 1, 3, 4, 7, 8, 9 and 10.
10.1 Neither party shall be liable for delay in performing or failure to perform obligations under the Terms if the delay or failure results from events or circumstances outside its reasonable control, including, without limitation, war or national emergency, accident, fire or riot, and such delay or failure shall not constitute a breach of these Terms.
10.2 We may assign these Terms on written notice to you. You may not assign these Terms without our prior written permission.
10.3 If we fail at any time or for any period to enforce any right under these Terms, this shall not constitute a waiver of such right at any time thereafter.
10.4 If any provision of these Terms is held to be void, invalid, unenforceable or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected.
10.5 These Terms represent the entire agreement between you and us regarding access to and use of the Services.
10.6 Nothing in these Terms is intended to confer any rights, remedies or benefits upon any person other than you and us.
10.7 English is the only language on which you contract with us under these Terms. To the extent that a version of these Terms is made available to you in any other language, such version is for your reference only and the English language version only shall continue govern the contract between you and us.
10.8 These Terms will be governed by and constructed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute arising under these Terms.