TERMS AND CONDITIONS - clear outcomes research ltd

(a) These terms and conditions (Terms) apply when you use this website, clearoutcome.co.uk (Website).

(b) You agree to be bound by these Terms which form a binding contractual agreement between you and us, Clear Outcomes Research Ltd, a company registered in Bulgaria under company number: BG206909723 with registered address Carpe Vita 3, Saints Constantine and Helena, Varna 9006, Bulgaria  (our, we or us).

(c) If you don’t agree to these Terms, you must refrain from using the Website.

(d) We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

(e) Additional terms and conditions govern your purchase of any goods and/or services from us.

(f) In addition to the content of the Website, these terms and conditions apply to any initial consultation(s), written material (including but not limited to blog posts on our Website, good practice checklists) and/or advice given (whether written or verbal) prior to formal engagement with us (Advice). 

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website or Advice without our express consent;

(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing goods and/or services;

(c) use, or attempt to use, the Website or Advice in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f) act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and

(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv) instigate or participate in a denial-of-service attack against the Website.

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(a) the Website will be free from errors or defects;

(b) the Website will be accessible at all times;

(c) messages sent through the Website will be delivered promptly, or delivered at all;

(d) information you receive or supply through the Website will be secure or confidential; or

(e) any information provided through the Website is accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

(a) We retain ownership of the Website, Advice and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Website or Advice for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website, Advice or any Website Content without prior written consent from us or as permitted by law.

(c) All rights are reserved by us. No part of the Website or Advice may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of us. 

(d) This Website and Advice is protected by copyright law and international treaties. 

(e) Any unauthorised use of this Website and Advice may violate copyright, trademark, and other laws. 

(f) We will take necessary legal action to enforce our rights to the fullest extent allowed by law.

(a) The information and Advice we provide to you directly or by way of our Website is for general information purposes only. It is not intended to constitute, be construed or relied upon as legal, financial or otherwise professional advice.

(b) Any such information is provided without any representation or warranty, express or implied as to its accuracy, completeness, reliability or suitability for your specific circumstances. You should always seek appropriate professional advice before making decisions or acting based on any information we provide. 

(c) Unless we have entered into a formal written engagement with you, no duty of care is owed by us to you and the liability for any loss, damage or expenses whether direct, indirect or consequential that may arise from your use of or reliance on any information provided by us is strictly limited to the fees paid by you.

(d) To the fullest extent permitted by law, we expressly exclude all warranties, conditions and other terms which might otherwise be implied by statute, common law or equity. Nothing in this disclaimer limits or excludes our liability for death or personal injury caused by negligence, fraud or any other liability which cannot lawfully be excluded.

(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.

(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

  If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

  You agree to be bound by our Privacy Policy, which can be found here.

 (a) We make no warranties or representations about this Website, Advice or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website or Advice. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our Website, Advice and/or the information or materials contained on it to the extent of the fees paid by you. You agree to indemnify us for any loss or liability arising out of your use of this Website or Advice.

(b) To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

(c) Nothing in these Terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.

12.1 GOVERNING LAW AND JURISDICTION

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

12.2 THIRD PARTY RIGHTS

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

12.3 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

12.4 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

12.5 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

12.6 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

12.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

12.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms (this agreement), and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation;

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and

(k) (currency) a reference to £, or “pounds”, is to Pound Sterling currency, unless otherwise agreed in writing.