General Terms
These following terms describe the Website Terms of Use upon which you may make use of clearfactor.io (and all of its sub-domains, together the “Website”), whether as a guest or a registered user. Use of our Website includes accessing, browsing and registering to use the Website.
Our Website is operated by Clear Factor Limited (Clear Factor). Clear Factor is registered in England and Wales under company number 11269195 with its registered office at Third Floor, 126-134 Baker Street, London W1U 6UE, United Kingdom.
If you continue to browse and use this Website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Clear Factor’s relationship with you in relation to this Website.
By using our Website, you also consent to our Privacy & Data Protection Policy and you warrant that all data provided by you is accurate.
Clear Factor may revise these Terms of Use from time to time by amending this page and it is your responsibility to review our policies as they are binding on you.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Clear Factor shall use reasonable endeavours but do not guarantee that our Website, or any content on it (including the invoice submission and auction functions) or received from it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. Clear Factor may suspend, withdraw, discontinue or change all or any part of our Website without notice. Clear Factor will not be liable to you if for any reason our Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
You are solely responsible for the accuracy and reliability of any information submitted to or through the Website by you, and you warrant that any information you submit to or through the Website is clear and accurate in all material respects and is not misleading.
Our Website uses cookies to distinguish you from other users. This helps us provide you with a better browsing experience. By registering as a user of the Website and continuing to browse the Website, you are agreeing to our use of cookies.
Your Account and Password
If you choose, or are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party. If you disclose or allow to be disclosed any information to any person or third party which allows them access to your account, then Clear Factor will not not liable for any losses incurred as a result.
Clear Factor have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
If you know or suspect that anyone other than you has obtained access to your user identification code or password, you must promptly notify us at support@clearfactor.io.
Data Security
We will use technical and organisational measures in accordance with good industry practice to safeguard your information and Personal Data, including data encryption and secure data storage.
While we will use all reasonable efforts to safeguard your information and Personal Data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any information that is transferred from you or to you via the internet.
Intellectual Property Rights
Clear Factor is the owner or licensee for all intellectual property rights on our Website and for any material published on it. The content is protected by worldwide copyright laws and treaties. All such rights are reserved.
References in these terms of use to Intellectual Property Rights means copyright, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trademarks, service marks, trade names, design rights, rights in get-up, database rights, rights in data, domain names, rights in computer software and all similar rights of whatever nature and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever in the world they exist
You may print copies or download extracts of any page from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website. However, you must not modify the document or digital copies of any material you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us. If you print, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you will need to, at our option, return or destroy any copies of the materials you have made.
Limitation of Liability
Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, Clear Factor exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
Clear Factor will not be liable to any user 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 Website; or
- use of or reliance on any content displayed on or made available from our Website.
Please note that in particular, Clear Factor 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.
Clear Factor will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Website or to your downloading of any content from it, or on any Clear Factor Website linked to it.
Clear Factor assumes no responsibility for the content of third party Websites linked from our Website. Such links should not be interpreted as endorsement by us of those linked Websites. Clear Factor will not be liable for any loss or damage that may arise from your use of them.
Viruses
Clear Factor does not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website and use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website 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. Clear Factor will report any such breach to the relevant law enforcement authorities and Clear Factor will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Links to our Website
You may link to our home page, provided 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 Website in any Website that is not owned by you nor frame our Website on any other Website.
Clear Factor reserves the right to withdraw linking permission without notice.
Applicable Law
These Terms of Use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. By using the Website you agree to the exclusive jurisdiction of the courts of England and Wales.