These terms and conditions (the “Terms”) govern your access to and use of the website at www.enably.co.uk (the “Website”), which is operated by Enably Group Ltd, a company registered in England and Wales under company number 15916046 whose registered office is at 11 Brindley Place, Brunswick Square, Birmingham, B1 2LP (“we”, “us” or “our”).
By accessing or using the Website you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must stop using the Website.
If you use the Website on behalf of an organisation, you confirm that you have authority to bind that organisation to these Terms, and references to “you” include that organisation.
In these Terms, “Services” means the products and services that we offer to our clients, and “Content” means all text, graphics, images, logos, software, data and other material on the Website.
Our services and these Terms
The Website provides general information about us and our Services. Nothing on the Website is an offer capable of acceptance, and the information on it does not constitute professional, legal, financial or other advice. You should obtain appropriate advice before acting on any information on the Website.
Our Services are provided only under a separate written agreement, proposal or statement of work agreed between you and us (a “Services Agreement”). These Terms apply only to your use of the Website. If there is any conflict between these Terms and a Services Agreement, the Services Agreement prevails in relation to the Services.
Access to the Website
We grant you a limited, non-exclusive, non-transferable, revocable permission to access and use the Website for lawful purposes in accordance with these Terms.
We do not guarantee that the Website, or any Content on it, will always be available or uninterrupted. We may suspend, restrict, withdraw or change the Website or any part of it at any time, without notice and without liability to you, including for maintenance or security reasons.
You are responsible for making all arrangements necessary for you to access the Website, including your internet connection, and for ensuring that everyone who accesses the Website through your connection is aware of these Terms and complies with them.
Acceptable use
You must use the Website only for lawful purposes. You must not:
use the Website in any way that breaches any applicable law or regulation, or in any way that is unlawful, fraudulent or harmful;
copy, reproduce, republish, sell, rent, sub-license, modify or distribute any Content except as permitted by these Terms;
introduce any virus, trojan, worm, logic bomb, malware or other harmful or technologically damaging material to the Website;
attempt to gain unauthorised access to the Website, the server on which it is stored, or any server, computer or database connected to it;
attack the Website through a denial-of-service attack or a distributed denial-of-service attack;
use any automated system, such as robots, spiders or scrapers, to access the Website or extract Content or data from it, without our prior written consent;
impersonate any person or misrepresent your identity or affiliation; or
do anything that could damage, disable, overburden or impair the Website or interfere with any other person’s use of it.
We may report any breach of this clause to the relevant law enforcement authorities and will cooperate with them by disclosing your identity to them.
Intellectual property
We, or our licensors, own all intellectual property rights in the Website and the Content, including copyright, trade marks, database rights and rights in software and design. Those rights are protected by copyright laws and treaties around the world. All rights are reserved.
You may view the Content on the Website and print or download extracts for your own internal business purposes, provided that you do not remove or alter any copyright, trade mark or other proprietary notice and you do not modify the Content.
Our name, logos and product and service names are our trade marks (whether registered or not). You must not use them without our prior written consent.
Any use of the Content other than as permitted by these Terms requires our prior written permission. If you print, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and we may require you to return or destroy any copies you have made.
Information you submit
You must ensure that any information you submit through the Website, including through contact forms, is accurate, complete and not misleading, and that you have the right to provide it.
You grant us a non-exclusive, royalty-free licence to use the information you submit (other than personal data) to respond to your enquiry, to provide our Services and to operate and improve the Website.
We will process any personal data you submit in accordance with our Privacy Policy.
Privacy and cookies
Our Privacy Policy, available at [link to Privacy Policy], explains how we collect and use personal data. Our Cookie Policy, available at [link to Cookie Policy], explains how we use cookies and similar technologies on the Website. By using the Website you acknowledge that you have read them.
Links to and from other websites
The Website may contain links to third-party websites and resources. These are provided for your convenience only. We have no control over their content, do not endorse them and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them. Your use of third-party websites is subject to their own terms and policies.
You may link to the home page of the Website provided you do so in a fair and legal way that does not damage our reputation or take advantage of it. You must not establish a link in a way that suggests any form of association, approval or endorsement by us where none exists. We may withdraw this permission at any time.
Disclaimer
We make reasonable efforts to keep the Content accurate and up to date, but the Website and the Content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we give no warranty, representation or undertaking, express or implied, as to the accuracy, completeness, reliability or suitability of the Website or the Content.
We do not guarantee that the Website will be free from errors, viruses or other harmful components. You are responsible for configuring your information technology, computer programmes and platform to access the Website, and you should use your own virus protection software.
Limitation of liability
Nothing in these Terms limits or excludes our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be limited or excluded by law.
Subject to the previous clause, and to the fullest extent permitted by law:
we are not liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, revenue, business, contracts, anticipated savings, goodwill or reputation, loss or corruption of data, or any indirect or consequential loss, arising from your use of, or inability to use, the Website or the Content; and
our total liability to you arising from or in connection with your use of the Website, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the maximum extent permitted by law.
If you are a consumer (an individual acting for purposes wholly or mainly outside your trade, business, craft or profession), nothing in these Terms affects your statutory rights.
Our liability under any Services Agreement is governed solely by that Services Agreement.
Security and viruses
We do not guarantee that the Website will be secure or free from bugs or viruses. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. A breach of this clause may be a criminal offence under the Computer Misuse Act 1990, and we will report any such breach to the relevant law enforcement authorities.
Suspension and termination
We may suspend or terminate your access to the Website at any time, without notice, if we reasonably believe you have breached these Terms or if we are required to do so by law.
On termination, your right to use the Website ends immediately. Clauses that by their nature are intended to survive termination, including those on intellectual property, disclaimer, limitation of liability and governing law, will continue to apply.
Changes to these Terms and the Website
We may revise these Terms at any time by amending this page. Please check this page from time to time, as the revised Terms apply to your use of the Website from the date they are posted. If you do not agree with the revised Terms, you must stop using the Website.
We may update the Website and change the Content at any time, but we are not obliged to do so and the Content may be out of date at any given time.
General
Entire agreement. These Terms, together with our Privacy Policy and Cookie Policy, are the entire agreement between you and us in relation to your use of the Website and supersede any earlier understandings about it. This does not affect any Services Agreement.
Severance. If any provision of these Terms is found to be invalid, unlawful or unenforceable, it will be deleted or modified to the minimum extent necessary and the remaining provisions will continue in full force.
Waiver. A failure or delay by us in exercising any right or remedy under these Terms is not a waiver of that right or remedy.
Assignment. We may transfer our rights and obligations under these Terms to another organisation, including on a sale or reorganisation of our business. You may not transfer your rights or obligations under these Terms without our prior written consent.
Third-party rights. Except as expressly stated, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them.
No partnership. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and us.
Governing law and jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or the Website (including non-contractual disputes or claims) are governed by the law of England and Wales.
The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim, except that if you are a consumer resident in Scotland or Northern Ireland you may also bring proceedings in the courts of that part of the United Kingdom.
Contact us
If you have any questions about these Terms, please contact us at enquiries@enably.co.uk.
