Website Terms of Use
BACKGROUND:
These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.claribag.co.uk/, (“Our Site”). Please read these Terms of Use carefully and ensure that you understand
them. Your agreement to comply with and be bound by these Terms of Use is
deemed to occur upon your first use of Our Site and when signing up
for an Account. If you do not agree to comply with and be bound by these Terms
of Use, you must stop using Our Site immediately. These Terms of Use do not
apply to the Sale of Goods. Please refer to our Terms of Sale for more information.
1.
Definitions and Interpretation
1.1
In these Terms of Use, unless the context
otherwise requires, the following expressions have the following meanings:
“Account”
means
an account required for a User to access and/or use certain areas of Our
Site, as detailed in Clause 4;
“Content”
means
any and all text, images, audio, video, scripts, code, software, databases,
and any other form of information capable of being stored on a computer that
appears on, or forms part of, Our Site;
“User”
means a
user of Our Site;
“We/Us/Our”
means www.claribag.co.uk/,
and SIGA UK Limited Trading as CLARIBag.
2.
Information About Us
2.1
This Website is owned and operated by SIGA UK
Limited Trading as CLARIBag, a Company registered in England & Wales under
Company Number 06928994, and whose registered address is located at Unit 7
Farnborough Business Centre, Eelmoor Road, Farnborough, Hampshire, GU14 7XA. Our
main trading address is
through this Website.
3.
Access to Our Site
3.1
Access to Our Site is free of charge. Any Orders
or purchases, can only be made by Business Users.
3.2
It is your responsibility to make any and all
arrangements necessary in order to access Our Site.
3.3
Access to Our Site is provided “as is” and on an
“as available” basis. We may alter, suspend, or discontinue Our Site (or any
part of it) at any time and without notice. We will not be liable to you in any
way if Our Site (or any part of it) is unavailable at any time and for any
period.
4.
Accounts
4.1
Certain parts of Our Site (including the ability
to purchase services from Us) may require an Account in order to access them.
4.2
You may not create an Account if you are under 18
years of age.
4.3
When creating an Account, the information you
provide must be accurate and complete. If any of your information changes at a
later date, it is your responsibility to ensure that your Account is kept up to
date.
4.4
We recommend that you choose a strong password
for your Account. It is your responsibility to keep your password safe. You
must not share your Account with anyone else. If you believe your Account is
being used without your permission, please contact Us immediately, as we will
not be liable for any unauthorised use of your Account.
4.5
You must not use anyone else’s Account without
the express permission of the User to whom the Account belongs.
4.6
Any personal information provided in your
Account will be collected, used, and held in accordance with your rights and
Our obligations under the law, as set out in Clause 17.
4.7
If you wish to close your Account, you may do so
at any time. Closing your Account will result in the removal of your
information. Closing your Account will also remove access to any areas of Our
Site requiring an Account for access.
5.
Intellectual Property Rights
5.1
With the exception of User Content (see Clause
6), all Content included on Our Site
and the copyright and other intellectual property rights subsisting in that
Content, unless specifically labelled otherwise, belongs to or has been
licensed by Us. All Content (including User Content) is protected by applicable
United Kingdom and international intellectual property laws and treaties.
5.2
Subject to sub-Clauses 5.3 and 5.] you may not
reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other
manner re-use Content from Our Site unless given express written permission to
do so by Us.
5.3
You may:
a)
Access, view and use Our Site
in a web browser (including any web browsing capability built into other types
of software or app);
b)
Download Our Site (or any part
of it) for caching;
c)
Print one copy of any page(s)
from Our Site;
d)
Download extracts from pages
on Our Site; and
e)
Save pages from Our Site for
later and/or offline viewing.
5.4
Our status as the owner and author of the
Content on Our Site (or that of identified licensors, as appropriate) must
always be acknowledged.
5.5
You may not re-use any Content printed, saved,
or downloaded from Our Site for commercial purposes without first obtaining a
licence from Us (or our licensors, as appropriate) to do so. This does not
prohibit the normal access, viewing and use of Our Site whether by business
users or consumers.
5.6
Nothing in these Terms of Use limits or excludes
the fair dealing provisions of Chapter III of the Copyrights, Designs and
Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in
particular the making of temporary copies; research and private study; the
making of copies for text and data analysis for non-commercial research;
criticism, review, quotation and news reporting; caricature, parody or
pastiche; and the incidental inclusion of copyright material.
6.
No Scraping, Text or Data Mining
6.1
You may not in any way undertake, enable,
permit, authorise, or facilitate any form of web scraping or text or data
mining on or with respect to any part of Our Site.
6.2
You may not use any part of Our Site or any
data, Content, or information included on Our Site, for the purposes of
developing or training AI models or systems.
6.3
The prohibition set out in this Clause 7 covers
all purposes for which such activities may be carried out including, but not
limited to, the development or training of AI models or systems. This includes,
but is not limited to, the use of:
a)
Any bot, robot, scraper,
spider, or other automated system, software, algorithm, code, process, tool, or
methodology used to access, obtain, copy, or republish any data, Content, or
information included on Our Site; and
b)
Any automated techniques
designed to analyse digital text or data in order to generate information or to
develop or train AI models or systems.
6.4
Sub-Clauses 7.1 to 7.3 shall apply to the
fullest extent permissible by law.
7.
Links to Our Site
7.1
You may link to Our Site provided that:
a)
you do so in a fair and legal
manner;
b)
you do not do so in a manner
that suggests any form of association, endorsement or approval on Our part
where none exists;
c)
you do not use any logos or trademarks
displayed on Our Site without Our express written permission; and
d)
you do not do so in a way that
is calculated to damage Our reputation or to take unfair advantage of it.
7.2
You may not link to any page other than the
homepage of Our Site. Deep linking to other pages requires Our express written
permission.
7.3
Framing or embedding of Our Site on other
websites is not permitted without Our express written permission. This does not
prohibit the content displayed in link previews that may be automatically
generated by certain websites and apps including, but not limited to, social
media.
7.4
You may not link to Our Site from any other site
the main content of which contains material that:
a)
is sexually explicit;
b)
is obscene, blasphemous to
Religion, deliberately offensive, hateful or otherwise inflammatory; promotes
violence; promotes or assists in any form of unlawful activity; discriminates
against, or is in any way defamatory of, any person, group or class of persons,
race, gender, religion, nationality, disability, sexual orientation, or age;
c)
is intended or is otherwise
likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass
another person, or is calculated or is otherwise likely to deceive another
person;
d)
is intended or is otherwise
likely to infringe (or to threaten to infringe) another person’s privacy;
e)
misleadingly impersonates any
person or otherwise misrepresents the identity or affiliation of a particular
person in a way that is calculated to deceive (obvious parodies are not
included in this definition provided that they do not fall within any of the
other provisions of this sub-Clause 8.4);
f)
implies any form of
affiliation with Us where none exists;
g)
infringes, or assists in the
infringement of, the intellectual property rights (including, but not limited
to, copyright, trademarks and database rights) of any other party; or
h)
is made in breach of any legal
duty owed to a third party including, but not limited to, contractual duties
and duties of confidence.
7.5
The content restrictions in sub-Clause 8.4 do
not apply to content submitted to sites by other users provided that the
primary purpose of the site accords with the provisions of sub-Clause 8.4. You
are not, for example, prohibited from posting links on general-purpose social
networking sites merely because another user may post such content. You are,
however, prohibited from posting links on websites which focus on or encourage
the submission of such content from users.
8.
Links to Other Sites
Links to other sites may be included on Our Site. Unless
expressly stated, these sites are not under Our control. We neither assume nor
accept responsibility or liability for the content of third-party sites. The
inclusion of a link to another site on Our Site is for information only and
does not imply any endorsement of the sites themselves or of those in control
of them.
9.
Liability and Disclaimers
9.1
Nothing on Our Site constitutes advice on which
you should rely. It is provided for information purposes only. Professional or
specialist advice should always be sought before taking any action on the basis
of any information provided on Our Site.
9.2
Insofar as is permitted by law, We make no
representation, warranty, or guarantee that Our Site will meet your
requirements, that it will not infringe the rights of third parties, that it
will be compatible with all software and hardware, or that it will be secure.
9.3
We make reasonable efforts to ensure that the
Content on Our Site is complete, accurate, and up to date. We do not, however,
make any representations, warranties or guarantees (whether express or implied)
that the Content is complete, accurate, or up to date. Please note that this
exception does not apply to information concerning services for sale through
Our Site. Please refer to Our Terms of Sale for more information.
9.4
To the fullest extent permissible by Law, We
accept no liability to any User for any loss or damage, whether foreseeable or
otherwise, in contract, tort (including negligence), for breach of statutory
duty, or otherwise, arising out of or in connection with the use of (or
inability to use) Our Site or the use of or reliance upon any Content
(including User Content) included on Our Site.
9.5
If you are a Business User, we hereby exclude
all implied conditions, warranties, representations, or other terms that may
apply to Our Site or Content. We will not be liable for any loss of profits,
sales, business or revenue; loss of business opportunity, goodwill, or
reputation; loss of anticipated savings; business interruption; or for any
indirect or consequential loss or damage.
9.6
If you are a consumer user, please note that Our
Site is intended for business use only, however if, as a result of Our failure
to exercise reasonable care and skill, any digital content from Our Site
damages your device or other digital content belonging to you, you may be
entitled to certain legal remedies.
9.7
We neither assume nor accept responsibility or
liability arising out of any disruption or non-availability of Our Site
resulting from external causes including, but not limited to, ISP equipment
failure, host equipment failure, communications network failure, natural
events, acts of war, or legal restrictions and censorship.
9.8
Nothing in these Terms of Use excludes or
restricts Our liability for fraud or fraudulent misrepresentation, for death or
personal injury resulting from negligence, or for any other forms of liability
which cannot be excluded or restricted by law.
9.9
The limitations of liability included in this
Clause 10 apply only to the use of Our Site and not to the sale of services,
which is governed separately by Our Terms of Sale..
10.
Viruses, Malware and Security
10.1
We exercise all reasonable skill and care to
ensure that Our Site is secure and free from viruses and other malware.
10.2
You are responsible for protecting your
hardware, software, data, and other material from viruses, ransomware, malware,
and other internet security risks.
10.3
You must not deliberately introduce viruses or
other malware, or any other material which is malicious or technologically
harmful either to or via Our Site.
10.4
You must not attempt to gain unauthorised access
to any part of Our Site, the server on which Our Site is stored, or any other
server, computer, or database connected to Our Site.
10.5
You must not attack Our Site by means of a denial-of-service
attack, a distributed denial of service attack, Spam-Bombing or by any other
means.
10.6
By breaching the provisions of sub-Clauses 11.3
to 11.5, you may be committing a criminal offence under the Computer Misuse Act
1990. Any and all such breaches will be reported to the relevant law
enforcement authorities, and We will cooperate fully with those authorities by
disclosing your identity to them. Your right to use Our Site will cease
immediately in the event of such a breach.
11.
Acceptable Usage Policy
11.1
You may only use Our Site in a manner that is
lawful and that complies with the provisions of this Clause 12. Specifically:
a)
you must ensure that you
comply fully with any and all local, national, or international laws and/or
regulations;
b)
you must not use Our Site in
any way, or for any purpose, that is unlawful or fraudulent;
c)
you must not use Our Site to
knowingly send, upload, or in any other way transmit data that contains any
form of virus or other malware, or any other code designed to adversely affect
computer hardware, software, or data of any kind; and
d)
you must not use Our Site in
any way, or for any purpose, that is intended to harm any person or persons in
any way.
11.2
We reserve the right to suspend or terminate
your access to Our Site if you materially breach the provisions of this Clause
11 or any of the other provisions of these Terms of Use. Specifically, We may
take one or more of the following actions:
a)
suspend, whether temporarily
or permanently, your Account and/or your right to access Our Site;
b)
remove any User Content
submitted by you that violates this Acceptable Usage Policy;
c)
issue you with a written
warning;
d)
take legal proceedings against
you for reimbursement of any and all relevant costs on an indemnity basis
resulting from your breach;
e)
take further legal action
against you as appropriate;
f)
disclose such information to Law
Enforcement Authorities as required or as We deem reasonably necessary; and/or
g)
any other actions which We
deem reasonably appropriate (and lawful).
11.3
We hereby exclude any and all liability arising
out of any actions (including but not limited to those set out above) that We
may take in response to breaches of these Terms of Use.
12.
Privacy and Cookies
Use of Our Site is also governed by Our Privacy Policy and
Cookie Policy, available from at the footer of Our Homepage. These policies are
incorporated into these Terms of Use by this reference.
13.
Changes to these Terms of Use
13.1
We may alter these Terms of Use at any time. Any
such changes will become binding on you upon your first use of Our Site after
the changes have been implemented. You are therefore advised to check this page
from time to time.
13.2
In the event of any conflict between the current
version of these Terms of Use and any previous version(s), the provisions
current and in effect shall prevail unless it is expressly stated otherwise.
14.
Contacting Us
To contact Us, please email Us at sales@claribag.co.uk or
using any of the methods provided on Our contact page.
15.
Communications from Us
15.1
If We have your contact details (if, for
example, you have an Account) We may from time to time send you important
notices by email. Such notices may relate to matters including, but not limited
to, service changes, changes to these Terms of Use, Our Terms of Sale, and
changes to your Account.
15.2
We will never send you marketing emails of any
kind without your express consent. If you do give such consent, you may opt out
at any time. Any and all marketing emails sent by Us include an unsubscribe
link. If you opt out of receiving emails from us at any time, it may take up to
14 business days for Us to comply with your request. During that time, you may
continue to receive emails from Us.
15.3
For questions or complaints about communications
from Us (including, but not limited to marketing emails), please contact Us at
sales@claribag.co.uk.
16.
Data Protection
16.1
All personal data that We may use will be
collected, processed, and held in accordance with the provisions of the Data
Protection Legislation and your rights thereunder.
16.2
For complete details of Our collection,
processing, storage, and retention of personal data including, but not limited
to, the purpose(s) for which personal data is used, the legal basis or bases
for using it, details of your rights and how to exercise them, and personal
data sharing (where applicable), please refer to Our Privacy and Cookie Policy.
17.
Law and Jurisdiction
17.1
These Terms of Use, and the relationship between
you and Us (whether contractual or otherwise) shall be governed by, and
construed in accordance with, English Law.
17.2
If you are a business, any disputes concerning
these Terms of Use, the relationship between you and Us, or any matters arising
therefrom or associated therewith (whether contractual or otherwise) shall be
subject to the exclusive jurisdiction of the Courts of England and Wales.
17.3
If you are a consumer, any disputes concerning
these Terms of Use, the relationship between you and Us, or any matters arising
therefrom or associated therewith (whether contractual or otherwise) shall be
subject to the exclusive jurisdiction of the Courts in England & Wales.
