cleartarn Terms and Conditions

cleartarn (‘we/us’) takes you privacy and data security very seriously when using the Membership system (‘the system’). This document outlines the terms and conditions under which cleartarn  (‘we/us’) provide services through the Membership system (‘the system or the service’). They should be read in conjunction with our Privacy and Security Policy.

Our service to you and your organisation is:

1. An on line storage, data and file sharing and remote access system for information about your organisation and its members,

2. An email technical support helpdesk for reporting faults or bugs, and to respond to you questions about the service or your problems using it. The helpdesk service is available by email and we aim to respond to you within 24 hours,

3. An improvements program based on user comments and feedback from using the system.

Quality

1. We aim to deliver a high quality service which simplifies the administration of your organisation.

2. We will listen to suggested improvements and enhancements that users feel would improve our products and strive to incorporate useful improvements into the system.

3. As part of our improvements program we may make changes to the system and its operation at any time.

Things you need to know:

1. cleartarn has a separate Privacy and Security Policy.

2. There is no specific data storage limit for users or organisations, but we do operate a ‘fair use’ policy. We do reserve the right to contact you regarding continued use of the service should we consider your usage unfair and outside of the scope for which the system is provided.

3. Although the data you store is backed up continuously, we do recommend that you keep back up data in electronic and/or printed form.

4. When sharing or making data public you agree that you are responsible for it and accept that your contacts may forward this data to others.

5. You are responsible for ensuring that you log off from the service when you have finished using it or when leaving your computer unattended to prevent others from seeing your own personal data or that of other members of your organisation.

6. We recommend when using public computers that you use in private browsing to prevent others accessing your data and delete browsing history etc. when you leave the computer.

7. When using mobile devices for access we recommend that you always log off from the service when you have finished using it or when leaving the device unattended.

8. If you have a problem with the service we may ask you to give us access to your user or organisation account to enable us to diagnose or rectify any problem. If this is ever required, we will ask you to grant us access on a session by session basis.

Ending the Agreement

1. Provided that you continue to pay the current subscription fee then this agreement continues until the end of the paid subscription period or until terminated by either party.

2. You may terminate this agreement with one month’s notice in writing.

3. We may terminate this agreement with three month’s notice in writing sent to your organisation’s contact email addresses.

4. Either party can terminate this agreement with immediate effect if the other is in breach or is reasonably believed to be in breach of this agreement.

5. We may terminate or suspend access to the system for any individual or organisation without notice should we reasonably believe that the person or organisation is in breach of this agreement or the cleartarn Privacy and Security Policy or is in our reasonable opinion abusing the service in any way.

6. If you or we terminate your agreement to use the systems we reserve the right to delete or mark as deleted any data which you or your organisation has stored.

Demonstration system

Data from our demonstration system is regularly deleted and replaced. The data can be viewed by anyone who logs into it, so you should not store any real data on the demonstration system.

Our responsibilities to you

1. We will aim to ensure that the system is available as near as possible to 24 hours per day for 365 days per year.

2. There may be periods of time when the system is unavoidably unavailable whilst we carry out maintenance or upgrades. Where ever possible we will try to do this work at times when the system is being used less, for example at night.

3. We take the security and storage very seriously, but we cannot be held responsible for any data loss or security breach no matter how it occurs.

Pricing

1. Where VAT is chargeable for our services this will be clearly shown.

2. The service has a minimum purchase period of one month.

3. Payment can be made using a credit or debit card on creation of a new organisation on the system and thereafter by regular authorised payment.

Use of the system

1. Use of the system is at your own risk and subject to any applicable laws.

2. We do not accept any responsibility for any goods, services, information, software, or other materials you obtain when using the system.

3. You are not permitted to store documents, files or images in breach of any copyright laws

4. You must not use the system to store information or to store, share or transfer files in breach of any law. For the avoidance of doubt you must not under any circumstances use the site as a music or video sharing system for copyrighted materials.

5. You must not use the system to publish information through the news or events system which you know to be untrue or is abusive, offensive or otherwise inappropriate.

6. We retain the right to remove any inappropriate, offensive or illegally copied material from the system and would encourage reporting of any such material to us.

Warranties and Disclaimers

1. cleartarn is registered under the data protection laws in the United Kingdom and we take all reasonable care to prevent any unauthorised access to your personal information.

2. Other than as expressly set out in these terms or additional terms, cleartarn makes no specific promises about the system. We do not make any commitments about the specific functions of the system or its reliability, availability or ability to meet your needs. The system is provided on an “as is” basis.

3. We accept no responsibility for material stored or published using the system under any circumstances.

4. To the extent permitted by law, we exclude all warranties.

Liability

1. Where permitted by law, cleartarn and its suppliers will not be responsible for lost profits, income or data, financial losses or indirect, special, consequential, exemplary or punitive damages.

2. To the extent permitted by law, the total liability of cleartarn and its suppliers under these terms and conditions, including any implied warranties, is limited to the amount that you have paid cleartarn to use the services or if we choose at our sole discretion, to supplying you with the services again.

3. In all cases cleartarn will not be responsible for any loss or damage which is reasonably foreseeable.

4. If you are using the cleartarn system as a Consumer, nothing in these terms and conditions seeks to reduce your Consumer rights except as allowable in contract.

Business Users

If you are using the system on behalf of a business, that business accepts these terms. It will hold harmless and indemnify cleartarn, its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the system or breach of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.

General

1. We reserve the right to amend these terms and conditions at any time and without notice.

2. These terms govern the relationship between cleartarn and you. They do not create any third party beneficiary rights.

3. If you do not comply with these terms and cleartarn does not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

4. If it turns out that a particular term is not enforceable, this will not affect any other terms.

cleartarn Ltd Terms and Conditions – 1 May 2012