General Terms & Conditions
1. Use of Our Website
The Clarity Connections website, www.clarityconnections.co.uk (“Our Site”), is operated by Clarity Connections (“Clarity Connections”, “we”, “our” or “us”), a private limited company registered in England and Wales (Company Registration Number 5720935) with registered address at 3rd Floor, 5 New York Street, Manchester, M1 4JB.
Clarity Connections, through Our Site and otherwise, focuses on providing advice, support, strategic business development and outsourced professional support to small to medium sized law firms and the Bar.
The Clarity Connections Agreement (the “Agreement”) consists of the following terms and conditions, all of which govern your relationship with us:
- These General Terms and Conditions, governing use of Our Site and its content;
- The additional terms and conditions (in certain areas of Our Site), governing use of Our Site; and
- Our Site’s Privacy Policy, governing your disclosure and our use of your personal information.
Please read the terms and conditions of the Agreement carefully as they determine your rights and liabilities. If you do not agree to all the terms and conditions of the Agreement, please do not use Our Site. To use any of the services provided for on Our Site, you may contact us on 0208 437 0704 and/or follow the various links on Our Site for more information. Please note that any use of Our Site shall be accepted by us as your agreement to all the terms and conditions of the Agreement and therefore you will be legally bound thereby. Our Site is provided to you for your personal use only subject to the terms and conditions of the Agreement. The terms “you”, “your” and “user” as used in the Agreement refer to an individual and/or entity accessing Our Site for any reason.
If you have any queries, please contact us on 0208 437 0704.
Please note that the terms and conditions of the Agreement do not affect your statutory rights.
2. Amendments
The terms and conditions of the Agreement may be updated by us from time to time. However, any changes will be notified to you through the e-mail address that you provide to us from time to time or through a suitable announcement on Our Site. Please note that the changes will only apply to your use of Our Site after you have been given notice. If any of our updated terms and conditions of the Agreement is unacceptable to you, you should not continue to use Our Site. If you continue to use Our Site after the change comes into effect, your use of Our Site will be accepted by us as your agreement to all the then updated and existing terms and conditions of the Agreement, and therefore you will be legally bound thereby.
3. Your Information
You are only permitted to use Our Site if you are over sixteen years of age. Any information that you provide to us at any time must be true, correct and complete. In the event of any changes to the information that you provided to us at any time, you must inform us thereof immediately so that we can update your information.
4. Excluded Services
You will require Internet connectivity and appropriate telecommunication links to use Our Site. The provision of computer or any other equipment necessary to access Our Site is not included in the services provided by us or any of our business partners. We shall not be liable for any telephone or any other costs that you may incur to access and/or use Our Site.
5. Intellectual Property
The content of Our Site (“Website Content”) is protected by intellectual property rights including, but not limited to, copyright, trademarks and database rights. All Website Content is the property of Clarity Connections, our business partners and/or our content suppliers.The compilation (meaning the collection, arrangement and assembly) of all content on Our Site is the exclusive property of Clarity Connections and protected by copyright laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Website Content on any copy you make of the Website Content. You may not sell or modify the Website Content or reproduce, display, publicly perform/present, distribute or otherwise use the Website Content in any way for any public or commercial purpose. The use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited. As it is also protected by our copyright, you may not copy or adapt the HTML code that we create to generate any Website Content or the pages making up Our Site, except to the extent expressly permitted by the provisions of the Agreement. The content of Our Site may be retrieved and displayed by you on a computer screen, or you may store such content in electronic form (but not on any server or other storage device connected to a network), or you may print one copy of such content for your own personal, non-commercial use, provided you keep intact all copyright, trademark, service-mark and other proprietary notices contained therein. Unauthorised use of the Website Content may violate copyright, trademark and other laws. You will be responsible for any liability arising from any such unauthorised use.
6. Limitations
Our Site and its content may only be used for lawful purposes and is intended for small to medium sized law firms and the Bar.
Neither Our Site nor any of its content may be used for any of the following purposes:
- impersonating another person and/or entity;
- gaining unauthorised access to other computer systems;
- interfering with any other individual’s and/or entity’s use or enjoyment of Our Site;
- breaching any laws concerning the use of public telecommunications networks;
- interfering or disrupting networks or websites connected to Our Site;
- sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of Our Site and/or any of our business partners;
- deleting or revising any information, material and/or data posted by us or any other individual or entity on Our Site;
- using any device, software or routine to interfere or attempt to interfere with the proper working of or any activity being conducted on Our Site;
- taking any action which imposes an unreasonable or disproportionately large load on Our Site’s infrastructure;
- if you have a password allowing access to a non-public area of Our Site, disclosing to or sharing your password with any third parties or using your password for any unauthorised purpose;
- notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism including, without limitation, browsers, spiders, robots, avatars or intelligent agents to navigate or search Our Site other than the search engine and search agents available from Clarity Connections on Our Site and other than generally available third party web browsers (e.g. Netscape Navigator, Microsoft Explorer);
- attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of Our Site;
- aggregating, copying or duplicating in any manner any of the Web Site Content or information available from Our Site, except to the extent expressly permitted by the provisions of the Agreement; and/or
- framing of or linking to any of the Web Site Content or information available from Our Site.
7. Availability of Our Site
Our Site is a venue only. It merely acts as a venue to provide you with information about Clarity Connections and our business partners, and the services we provide to small to medium sized law firms and the Bar.
We shall use our reasonable endeavours to ensure that Our Site and its content are available at all times. However, we reserve the right to update Our Site, to change its content, to restrict or suspend or cancel access to it or to close it indefinitely or withdraw it completely, at any time, without notice, at our sole option and discretion, for example if and when we deem it to be necessary to allow for repairs, maintenance, for the introduction of new facilities or services, if you breach any of your obligations under the Agreement, or for any other reason.
Any of the content on Our Site may be out of date at any given time. However, we are under no obligation to update such content.
You acknowledge and agree that we shall not in any circumstances be liable, whether in contract, tort (including negligence) or otherwise (even if foreseeable) for any claims, liability, damages, losses, costs (including reasonable legal fees) and expenses arising out of Our Site or all or any part of its content being unavailable or out of date.
8. Liability
Our Site may include content obtained from other Internet sites or other sources. Although we try to ensure that such content is correct, reputable and of high quality, we cannot accept any responsibility if this is not the case. We also do not accept any responsibility for any errors or omissions or for the results obtained from the use of any such content or for any technical problems you may experience with Our Site. In the event that we are informed of any inaccuracies in respect of such content on Our Site, we will attempt to correct the inaccuracies as soon as practicable.
We do not warrant that Our Site will operate error-free or that Our Site and its Server are free from computer viruses or other harmful mechanisms. If you lose any information, material and/or data or need to service or replace equipment, information, material and/or data as a result of accessing and/or using Our Site and/or our Website Content, you acknowledge and agree that we shall not be held responsible for any such loss or damage. It is your responsibility to ensure that you save, back-up and protect all your information, material, data and equipment.
We disclaim, in particular, all liabilities in connection with: incompatibility of Our Site with any of your equipment, software or telecommunications links; technical problems including errors or interruptions of Our Site; unsuitability, unreliability or inaccuracy of Our Site; inadequacy of Our Site to meet your requirements.
Our Website and its content are provided “as is” without any other representations, conditions, warranties, guarantees and/or other terms of any kind. We accordingly exclude all representations, conditions, warranties, guarantees and/or other terms (whether express or implied, including, without limitation, the conditions implied by law of merchantability, satisfactory quality, fitness for purpose, the use of reasonable care and skill, and non-infringement with respect to Our Site or the functionality, performance or results thereof) which but for these terms and conditions might have effect in relation to Our Site; and we exclude all representations, conditions, warranties, guarantees and/or other terms (whether express or implied) about the accuracy, reliability, completeness, or timeliness of Our Site, Our Site content, any information, material, data, services, software, text, graphics and links.
Without prejudice to any other provision in the Agreement excluding or limiting our liability, any liability to you arising from the Agreement, your access to or use of Our Site or any of its content, any related agreement or any related cause (whether in contract, tort, including negligence, or otherwise) shall be limited to a sum of £50.00. You acknowledge and agree that you will be responsible for any excess loss and damage, and are responsible for obtaining insurance for any excess loss and damage.
We shall not in any circumstances be liable, whether in contract, tort (including negligence) or otherwise (even if foreseeable), for any loss of income or revenue, loss of business, loss of profits or contracts, loss of benefit, loss of production, loss of availability, loss of reputation, loss of goodwill, loss of use suffered or incurred directly or indirectly by you, loss of anticipated savings, loss of information, material and/or data, waste of management or office time; for any indirect or consequential loss or damage of any kind however arising and of whatsoever nature; and for any punitive or exemplary damages.
You agree to indemnify, defend and hold harmless, and to continue to indemnify, defend and hold harmless us, any of our officers, directors, employees, agents and sub-contractors from and against all claims, liability, damages, losses, costs (including reasonable legal and accounting fees) and expenses arising out of any information, material and/or data you provide to us, any breach of the Agreement or any related agreement by you, your access and/or use of Our Site or any of our Website Content, any circumstances where we are held to be your agent, and/or any related cause.
9. Third Party Websites, Advertising and Sponsorship
Links to third party websites on Our Site are provided solely for your convenience. If you use any of these links, you leave Our Site. Our Site may also contain advertising and sponsorship. Representations made regarding products, services or sponsorships provided by any third parties are governed by the policies and representations made by them, and are subject to any such parties’ compliance with all relevant laws and codes. We have not reviewed all of these third party websites, adverts, representations, products, services and sponsorships and do not control and are not responsible for them or their content or availability in any way. You rely on and use any such third party websites, adverts, representations, products, services and sponsorships entirely at your own risk. We will not be liable for or responsible in any manner for any of your dealings or interactions with any of these third parties or your reliance on or use of any such third party websites, adverts, representations, products, services or sponsorships.
10. International Use
We do not represent or give any warrantees or guarantees that the content of Our Site is appropriate or available for use in locations outside the United Kingdom.
It is unlawful to access and/or use Our Site and/or our Website Content from/in locations where such access and/or content are illegal or unlawful. If you access and/or use Our Site and/or our Website Content from/in locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws. We will not be liable or responsible in any way if you access and/or use Our Web Site and/or any of our Website Content illegally or unlawfully.
11. Non-Confidential and Non-Proprietary Information
Other than personally identifiable information, material and/or data (which is governed by the terms and conditions of Our Site’s Privacy Policy), you acknowledge and agree that none of the information, material and/or data that you provide to us under the Agreement or otherwise are confidential and/or proprietary; that we will have no obligations with respect to such information, material and/or data other than those specified under the Agreement; and that we and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such information, material and/or data and all images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
12. Phone Calls and E-mails
Telephone calls using the telephone numbers provided on Our Site and email correspondence with Clarity Connections and/or any of our business partners at the email addresses accessible through, or discernible from, Our Site may be recorded or monitored. By using such communication methods you are consenting to the recording or monitoring of the same.
At the time of posting Our Site, calls to 0845 numbers cost 3.36 p per minute (Mondays to Fridays, 8 am – 6 pm) and 0.85p per minute (Mondays to Fridays, 6 pm – 8 am, and Saturdays to Sundays, all day) from a BT landline. Please note that these charges are subject to change from time to time. See www.bt.com/pricing for details. Mobile and other providers' charges may vary.
13. Assignment
You may not transfer, assign, charge, sub-license or otherwise dispose of any of your rights or obligations under the Agreement.
14. Severability
If any of the terms and conditions of the Agreement are deemed by any competent authority to be invalid, unlawful or unenforceable, such terms and conditions will to that extent be severed from the remaining terms and conditions, which will continue to be valid to the fullest extent permitted by law.
15. Non-Waiver
If we do not insist upon your strict performance of any of your obligations under the Agreement or if we do not exercise any of the rights or remedies to which we are entitled, this shall not relieve you from compliance with any of your obligations, and shall not constitute a waiver of any our rights or remedies.
16. Events Outside Our Control
We will not be in breach of any of our obligations under the Agreement and will not be liable or responsible for any failure to perform or any delay in performance of any of our obligations under the Agreement, caused by any event outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: fire, flood, disaster, power outage or electrical failure, any industrial dispute, theft of computers or related equipment, governmental laws or regulations, hostile computer act, non-availability of third party data centres, telecommunications or internet failures, acts of terrorism, civil riot or war.
17. Third Party Rights
A person who is not a party to the Agreement shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any terms of the Agreement, save for our business partners who will have such right. However, this shall not affect any right or remedy of a third party which exists or is available apart from the Act.
18. Entire Agreement
The terms and conditions of the Agreement set out the entire agreement between you and us in respect of your access and/or use of Our Site. They supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
You acknowledge and agree that by entering into the Agreement you have not relied on any representation, undertaking or promise (implied or otherwise) given by us at any stage prior to you entering into the Agreement, except as expressly provided for in the Agreement.
Other than the remedies provided for in the Agreement for breach of contract, nobody shall have any remedy in respect of any untrue statement made by any party to the Agreement prior to the date of the Agreement (unless such untrue statement was made fraudulently or in a deceitful manner).
19. Applicable Law
The terms and conditions of the Agreement shall be governed by and construed in accordance with the laws of England and any disputes arising from or related to any such terms and conditions will be decided only by the English courts.