CLEARINGTHEAIR.EU TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
1 WHAT'S IN THESE TERMS?
These terms tell you the rules for using our website clearingtheair.eu (our site).
2 WHO WE ARE AND HOW TO CONTACT US
2.1 We are Three Six One SRL and we operate clearingtheair.eu. We are a limited company registered in Belgium under company number XXXXXXX and have our registered office at:
59 Rue de Charles Quint
Brussels
1000
Belgium
2.2 To contact us, please use the details on our “Contact us” page.
3 BY USING OUR SITE YOU ACCEPT THESE TERMS
3.1 By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site.
4 THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
4.1 These terms of use refer to the following additional terms, which also apply to your use of our site:
4.1.1 our Proivacy Policy; and
4.1.3 our Cookie Policy which sets out information about the cookies on our site.
5 WE MAY MAKE CHANGES TO THESE TERMS
5.1 We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
5.2 If any part of these terms is found to be unlawful, invalid or unenforceable then the remainder of these terms will remain in full force and effect.
6 WE MAY MAKE CHANGES TO OUR SITE
6.1 We may update and change our site from time to time to reflect changes to our services, our user's needs and our business priorities.
7 WE MAY SUSPEND OR WITHDRAW OUR SITE
7.1 Our site is made available free of charge.
7.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted or that it will be suitable for users outside of the EU. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
7.3 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
8 YOU AND YOUR ACCOUNT
8.1 You may access our site either as a guest or if available by creating an account. The registration of any user account is at our sole discretion.
8.2 You must not share your account details with any other person.
8.3 When creating an account, you confirm that the information you provide to us is accurate, complete and not misleading.
8.4 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures or account creation or administration, you must treat such information as confidential. You must not disclose it to any third party.
8.5 We have the right to disable any user account, 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 or if we suspend or amend our services.
8.6 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
9 HOW YOU MAY USE MATERIAL ON OUR SITE
9.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2 You must not copy or reproduce any content on our site (including but not limited to modifying or reformatting it when you copy it). In particular, you must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. Any licence we give to copy content or use it for commercial purposes will be subject to acknowledging us as the origin of the content.
9.3 If you copy or reproduce any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must destroy any copies of the materials you have made.
10 INFORMATION ON THIS SITE
10.1 The content on our site (whether provided by us or any third party) is provided for general information only. It is not intended to amount to advice on which you should rely and we do not endorse any of this information. You may wish to obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
10.2 Although we make reasonable efforts to update the information on our site and to ensure that information provided by third parties is accurate and not misleading (for example through our contractual relationships with them), we do not verify or moderate all content on our site and we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
10.3 If you wish to engage our services, the terms which apply to the provision of such services will be set out in a separate agreement between us and you.
11 WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
11.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
11.2 We have no control over the contents of those sites or resources. If you purchase products or services from third parties we link to, we are not a party to these agreements.
12 USER-GENERATED CONTENT IS NOT APPROVED BY US
12.1 This website may include information and materials uploaded by other users of the site, including but not limited to reviews and comments. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
13 HOW TO RAISE A CONTENT ISSUE
13.1 If you wish to raise an issue about any of the content on our site please contact us using the details above.
14 LIMITATION OF LIABILITY
14.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
14.2 If you access our site as a business user, we:
14.2.1 exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
14.2.2 will not be liable to you 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 site; or use of or reliance on any content displayed on our site; and
14.2.3 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 (whether such losses are direct or indirect in nature); or any other indirect or consequential loss or damage.
14.3 If you access our site as a consumer:
14.3.1 you agree not to use our site for any commercial or business purposes, and that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity; and
14.3.2 we are not liable for any loss or damage you suffer as a result of your use of, or reliance on, information on our site which is provided to us by any third party.
15 UPLOADING CONTENT TO OUR SITE
15.1 Whenever you make use of a feature that allows you to upload content to our site, or to make contact with us or other users of our site, you must comply with the content standards set out in these terms of use.
15.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
15.3 Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a licence to use, store and copy that content and to distribute and make it available to third parties, and for users of our site to use that content as permitted by our website terms of use. The rights you license to us are described below.
15.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
15.5 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards.
15.6 Your content must:
15.6.1 Be accurate (where it is factual in nature);
15.6.2 Be genuinely held (where it states an opinion); and
15.6.3 Comply in all aspects with the laws of England and Wales (in addition to the laws of any country from where it is posted).
15.7 Your content must not (without limitation):
15.7.1 Be defamatory of any person;
15.7.2 Be obscene, offensive, hateful or inflammatory;
15.7.3 Bully, insult, intimidate or humiliate any person;
15.7.4 Promote sexually explicit material, violence, discrimination, or any illegal activity;
15.7.5 Infringe the rights of any other person;
15.7.6 Be likely or intended to deceive any person;
15.7.7 Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
15.7.8 Be in contempt of court;
15.7.9 Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
15.7.10 Be likely to harass, upset, embarrass, alarm or annoy any other person.
15.7.11 Impersonate any person, or misrepresent your identity or affiliation with any person;
15.7.12 Give the impression that the content emanates from us (or our employees, agents, representatives or affiliates), if this is not the case;
15.7.13 Advocate, promote, incite any party to commit, or assist any unlawful or criminal act; or
15.7.14 Contain any advertising or promote any services or web links to other sites.
15.8 You are solely responsible for securing and backing up your content, we will not be responsible for any content you upload which is lost or otherwise unavailable.
16 INTELLECTUAL PROPERTY RIGHTS IN USER-GENERATED CONTENT
16.1 When you upload or post content to our site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of and display, that content at our discretion.
16.2 This licence will remain in place even after content is deleted from (or no longer publicly available to users of) our site.
17 WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
17.1 We do not guarantee that our site will be secure or free from bugs or viruses.
17.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
17.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
18 LINKING TO OUR SITE
18.1 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.
18.2 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.
18.3 You must not establish a link to our site in any website that is not owned by you.
18.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
18.5 We reserve the right to withdraw linking permission without notice.
18.6 The website in which you are linking must comply in all respects with the content standards set out in these terms of use.
18.7 If you wish to link to or make any use of content on our site other than that set out above, please contact using the details above.
19 GOVERNING LAW AND JURISDICTION
19.1 These terms of use, their subject matter and their formation, are governed by Belgian law. You and we both agree that the courts of Belgium will have exclusive jurisdiction.
20 OUR INTELLECTUAL PROPERTY
20.1 You are not permitted to use our (or any of our licensors’) names, logos or any intellectual property rights without our prior written approval.