Clear Comparisons Limited (we refer to ourselves as “ClearComparisons.com”, “we”, “us”, “our” or “website” in this policy document). The term “you” or “your”, means the person accessing or using our website or its content.
These Terms and Conditions explain how you may use our website and should be read carefully beforehand.
- 1.1 These terms and conditions shall govern your use of our website.
- 1.2 By using our website, you accept these Terms and Conditions in full; accordingly, if you disagree with these Terms and Conditions or any part of these terms and conditions, you must not use our website.
- 1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these Terms and Conditions.
- 1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
- 1.5 Our website is primarily intended for the use from within the UK. If you choose to access our website from locations outside the UK, you will be responsible for complying with the local laws of or your locality, including any restrictions on the promotion of health supplements, vitamins and minerals.
- 1.6 You will be solely responsible for all costs and expenses you may incur in relation to your use of our website.
2. Copyright and Intellectual Property Rights
- Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered anywhere in the world.
- 2.1 Copyright (c) 2018: Clear Comparisons Ltd
- 2.2 Subject to the express provisions of these Terms and Conditions:
- (a) We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
- (b) All the copyright and other intellectual property rights in our website and the material on our website are reserved by us and our licensors.
- 2.3 Nothing in these Terms and Conditions grants you any legal rights in our website other than as necessary to enable you to access the website.
3. Licence to use website
- 3.1 You may:
- (a) View pages from our website in a web browser;
- (b) Download pages from our website for caching in a web browser;
- (c) Print pages from our website;
- (d) Use our website services by means of a web browser,
subject to the other provisions of these Terms and Conditions.
- 3.2 You may create a link to our website from another website without our prior written consent provided no such link:
- (a) Creates a frame or any other browser or border environment around the content of our website;
- (b) Implies in any way that we endorse your or a third party products or services available through your website on which you place a link to our website;
- (c) Displays any trademarks or logos used on our website without our permission or that of the owner of such trademarks or logos; or
- (d) The link is placed on a website that itself does not meet the acceptable use requirements of the Terms and Conditions of our website.
- 3.3 We reserve the right to require you to immediately remove any links to our website from your website at any time, and without prior notice.
- 3.4 You may only use our website for your own personal use and you must not use our website for any other purposes.
- 3.5 Except as expressly permitted by these Terms and Conditions, you must not edit or otherwise modify any material on our website.
- 3.6 Unless you own or control the relevant rights in the material, you must not:
- (a) Republish material from our website (including republication on another website);
- (b) Sell, rent or sub-license material from our website; or
- (d) Exploit material from our website for a commercial purpose.
- 3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
- 4.1 You must not:
- (a) Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- (b) Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- (c) Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- (d) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- (e) Access or otherwise interact with our website using any robot, spider or other automated means except for the purpose of search engine indexing;
- (f) Violate the directives set out in the robots.txt file for our website; or
- (g) Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
- (h) Promote any unlawful activity;
- (i) Represent or suggest that we endorse any other business, product or service unless we have expressly agreed to do to you directly; or
- (j) Use our website for the purposes of promoting unsolicited advertising or sending spam.
- 4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
- 4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Affiliate links
- 5.1 Our website includes links to third party merchant websites supplying goods and or services.
- 5.2 We may earn affiliate fees from a merchant if you click on that merchant’s link on our website and subsequently make a purchase on the merchant’s website.
- 5.3 You acknowledge that:
- (a) We do not vet third party merchants;
- (b) We do not check, audit, monitor or control: the identity, credit worthiness or bona fides of third party merchants; the security of third party merchant websites; or the accuracy of the information published on third party merchant websites;
- (c) We are not party to any contract for the sale or purchase of goods or services entered into between you and a third party merchant; and
- (d) Our website contains information supplied by third party merchants, and we do not check, audit or monitor the accuracy of that information,
Accordingly we will not be liable to you in relation to any loss or damage arising out of any use of a third party merchant website, any information supplied by a third party merchant, any offer made by a third party merchant, or any contract with a third party merchant.
- 5.4 We are not responsible for the enforcement of any obligations arising out of a contract between you and any third party, and we will have no obligation to mediate between the parties to any such contract.
- 5.5 The provisions of this Section 5 are subject to Section 15.1.
6. Registration and accounts
- 6.1 To be eligible for an account on our website under this Section 6, you must be resident or situated in the United Kingdom.
- 6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
- 6.3 You must not allow any other person to use your account to access the website.
- 6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
- 6.5 You must not use any other person’s account to access our website, unless you have that person’s express permission to do so.
7. User login details
- 7.1 If you register for an account with our website, you will be asked to choose a user ID and password.
- 7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 11; you must not use your account or user ID for or in connection with the impersonation of any person.
- 7.3 You must keep your password safe and confidential.
- 7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
- 7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
- 8.1 We may:
- (a) suspend your account;
- (b) cancel your account
at any time in our sole discretion without notice or explanation.
- 8.2 You may cancel your account using your account control panel on our website.
9. Our content
- 9.1 Our content means any product listings, descriptions, ingredients list, nutritional advice, general information, retailer details, text, images, video, audio or other multimedia content, software or other information or material submitted to or on our website.
We are not providers of health care products or any medical diagnosis, treatment and/or advice and you should:
- (a) Not rely on this information to diagnose, treat, cure, or prevent any disease.
- (b) Consult with your usual general practitioner as necessary before seeking any new treatment or supplement or before you alter, suspend or initiate any change in your medical treatment, medication or healthcare related procedure or activity.
- (c) Not construe our website content as a substitute for professional medical advice.
- 9.2 Any content we provide on our website is for your general information only. The content is provided to inform you about us, our third party retailer products and services, as well as other websites that may be of interest. Our content does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
10. Your content: licence
- 10.1 In these Terms and Conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
- 10.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
- 10.3 You grant to us the right to sub-license the rights licensed under Section 10.2.
- 10.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 10.2.
- 10.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
- 10.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
- 10.7 Without prejudice to our other rights under these Terms and Conditions, if you breach any provision of these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may delete, un-publish or edit any or all of your content.
11. Your content: rules
- 11.1 You warrant and represent that your content will comply with these terms and conditions.
- 11.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
- 11.3 Your content and the use of your content by us in accordance with these Terms and Conditions, must not:
- (a) Be libellous or maliciously false;
- (b) Be obscene or indecent;
- (c) Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- (d) Infringe any right of confidence, right of privacy or right under data protection legislation;
- (e) Constitute negligent advice or contain any negligent statement;
- (f) Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
- (g) Be in contempt of any court, or in breach of any court order;
- (h) Be in breach of racial or religious hatred or discrimination legislation;
- (i) Be blasphemous;
- (j) Be in breach of official secrets legislation;
- (k) Be in breach of any contractual obligation owed to any person;
- (l) Depict violence in an explicit, graphic or gratuitous manner;
- (m) Be pornographic, lewd, suggestive or sexually explicit;
- (n) Be untrue, false, inaccurate or misleading;
- (o) Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- (p) Constitute spam;
- (q) Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
- (r) Cause annoyance, inconvenience or needless anxiety to any person.
- 11.4 Whilst best endeavours are taken to secure our website, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. You should not submit to use any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable.
12. Interactive services
- Our website provides facilities for you to leave reviews on products listed on our website.
- 12.1 We do not or obliged to monitor or moderate submissions made to our interactive Services. You should report any submission of concern to us my contacting us by email.
- 12.2 We may remove or edit any submissions made by you on our website at any time.
- 12.3 Any Submission you make must comply with the Terms and Conditions of our website.
13. Report abuse
- 13.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these Terms and Conditions, please let us know.
- 13.2 You can let us know about any such material or activity by email.
14. Limited warranties
- 14.1 We try our best to ensure the information on our website is up-to-date and free from bugs, however we cannot guarantee this. Our website incorporates product information and prices sourced from third parties and as such we cannot promise that our website will be fit or suitable for your purpose. Any reliance that you may place on the information available on our website is done so entirely at your own risk.
- 14.2 We do not warrant or represent:
- (a) The completeness or accuracy of the information published on our website;
- (b) That the material on the website is up to date;
- (c) That the website or any service on the website will remain available; or
- (d) Uninterrupted use of our website.
- 14.3 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms and Conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
- 14.4 To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these Terms and Conditions, our website and the use of our website.
- 14.5 We are not the manufacturers or the retailers of the products detailed on our website. While efforts are made to ensure that product information on our website is correct, the actual product packaging, ingredients and materials may differ to that displayed on our website. You should always review the product listing on the website of our third party retailers and product labels, warnings and directions provided with the product you ordered before use.
- 14.6 We are not responsible to you for:
- (a) Any reliance that you may place on any material or commentary posted on our website.
- (b) Any losses you may suffer from the information placed on our website which may be inaccurate or incomplete;
- (c) Any losses you suffer if the information put on our website is accurate but our third party retailers website has not accurately reflected that information due to an interruption in their system; or
- (d) Any losses you suffer through connecting to any third party retailers linked websites or any statements, information, content, products or services that are published on, or may be accessible from, any third party retailer partner website.
15. Limitations and exclusions of liability
- 15.1 Nothing in these Terms and Conditions will:
- (a) Limit or exclude any liability for death or personal injury resulting from negligence;
- (b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
- (c) Limit any liabilities in any way that is not permitted under applicable law; or
- (d) Exclude any liabilities that may not be excluded under applicable law.
- 15.2 The limitations and exclusions of liability set out in this Section 14 and elsewhere in these Terms and Conditions:
- (a) Are subject to Section 15.1; and
- (b) Govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
- 15.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
- 15.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- 15.5 We will not be liable to you in respect of any business losses, including without limitation loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- 15.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
- 15.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
- 15.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our website or these Terms and Conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- 16.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these Terms and Conditions.
17. Breaches of these Terms and Conditions
- 17.1 Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- (a) Send you one or more formal warnings;
- (b) Temporarily suspend your access to our website;
- (c) Permanently prohibit you from accessing our website;
- (d) Block computers using your IP address from accessing our website;
- (e) Contact any or all of your internet service providers and request that they block your access to our website;
- (f) Commence legal action against you, whether for breach of contract or otherwise; and/or
- (g) Suspend or delete your account on our website.
- 17.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.
18. Third party websites
- 18.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
- 18.2 We have no control over third party websites and their contents, and subject to Section 15.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
19. Trade marks
- 19.1 Our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
- 19.2 The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these Terms and Conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
- 20.1 We may revise these Terms and Conditions from time to time.
- 20.2 The revised Terms and Conditions shall apply to the use of our website from the date of publication of the revised Terms and Conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms and Conditions.
- 20.3 If you have given your express agreement to these Terms and Conditions, we will ask for your express agreement to any revision of these Terms and Conditions; and if you do not give your express agreement to the revised Terms and Conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
- 21.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions.
- 2.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions.
- 22.1 If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- 22.2 If any unlawful and/or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
23. Third party rights
- 23.1 A contract under these Terms and Conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
- 23.2 The exercise of the parties’ rights under a contract under these Terms and Conditions is not subject to the consent of any third party.
24. Entire agreement
- 24.1 Subject to Section 15.1, these Terms and Conditions, together with our Privacy and Cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
25. Law and jurisdiction
- 25.1 These Terms and Conditions shall be governed by and construed in accordance with English law.
- 25.2 Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of England.
- 26.1 We will try to resolve any disputes you may have quickly and efficiently. If you are unhappy with us or the service provided under these Terms and Conditions, please contact us by email as soon as possible.
- 26.2 If we are unable to resolve a dispute using our internal complaint handling procedure, we will:
- (a) Formally let you know that we are unable to resolve the dispute with you;
- (b) Provide information required by law about our alternative dispute resolution provider;
- (c) If you wish to pursue court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms and Conditions.
27. Our details
- 27.1 This website is owned and operated by Clear Comparisons Limited
- 27.2 We are registered in England and Wales under registration number 10936618 and our registered office is at: 12 Constance Street, London, E16 2DQ
- 27.3 You can contact us on firstname.lastname@example.org
Effective Date: 1 January 2018