Terms and Conditions

 

CLA WEBSITE TERMS AND CONDITIONS OF USE

Last Updated: 13 August 2018

Welcome to the CLA website. The Country Land and Business Association Limited provides the Website to you subject to the following terms and conditions of use.

By accessing and using the Website, you accept the Terms and our Privacy Notice and Cookie Notice. They explain our and your respective responsibilities, as well as how you can use the Website. Please read them carefully. If you do not accept the Terms and Notices in full, please do not access or use the Website. 

  1. Who we are and how you can contact us
  2. Other terms that apply to you when you use the Website
  3. We may make changes to these Terms
  4. We may make changes to the Website
  5. Your use of the Website
  6. The Website is only for users in the UK
  7. Intellectual property rights
  8. Prohibited uses of the Website
  1. Accuracy of information and availability of the Website
  2. Hyperlinks and third party sites
  3. Linking to the Website
  4. When we are responsible for loss or damage suffered by you
  5. We are not responsible for viruses
  6. Other important terms
  7. Disputes between us
  8. Which laws apply to these Terms and where you may bring legal proceedings

1. Who we are and how you can contact us

We are the Country Land and Business Association Limited. We are registered in England and Wales under company number 06131587 and have our registered office at 16 Belgrave Square, London, SW1X 8PQ. Our VAT number is GB 238 7714 35. When we say “we”, “our” or “us” in these Terms, that’s who we mean.

If you have any questions relating to these Terms, or wish to make a complaint about the Website, please contact us by:

  • emailing us at privacy@cla.org.uk;
  • calling us on 0207 235 0511; or
  • writing to us at 16 Belgrave Square, London, SW1X 8PQ.

2. Other terms that apply to you when you use the Website

These Terms refer to the following additional terms, which also apply to your use of the Website:

  • Our Privacy Notice, which explains what personal information we collect about you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event that you have a query or complaint about the use of your personal information.
  • Our Cookie Policy, which sets out information about the cookies on the Website.

If you are a member of the CLA, other terms also apply to your membership. We will bring these to your attention at the time you apply for membership and these will be available to you during your membership.

 3. We may make changes to these Terms

We may amend these Terms from time to time. Every time you wish to use the Website, please check the Terms to ensure you understand the Terms that apply at that time. Your continued use of the Website will confirm your acceptance of the revised terms. If you are a member of the CLA and have provided us with a contact email address, we will notify you by email of any material changes.

4. We may make changes to the Website

We may update and change the Website from time to time to reflect changes to our products or services, our users’ needs and our business priorities.

5.    Your use of the Website

The Website is made available free of charge on a non-exclusive basis for your personal, non-commercial use only. This means that you cannot make money from using the Website.

You agree that you are solely responsible for:

  • all costs and expenses you may incur in relation to your use of the Website; and
  • if you are a member of the CLA, keeping your password and other membership account details confidential. You must not disclose this information to any third party. If you know or suspect that anyone other than you knows your password or other membership account details, you must promptly notify us using the contact details in section 1. Who we are and how you can contact us

We seek to make the Website as accessible as possible. If you have any difficulties using the Website, please contact us using the contact details in section 1. Who we are and how you can contact us.  

We may prevent or suspend your access to the Website (or any part of the Website which requires you to log in), or we may take other action against you (including legal action), if in our reasonable opinion you fail to comply with any provision of these Terms, any terms or policies to which they refer or any applicable law.

6. The Website is only for users in the UK

The Website is intended for use only by those who can access it from within the United Kingdom. We do not represent that content available on or through the Website is appropriate for use or available in other locations. If you choose to access the Website from locations outside the UK, you are responsible for compliance with local laws where they are applicable. 

7. Intellectual property rights

This Website and all intellectual property rights in it, including but not limited to any text, images, graphics, video, audio or other multimedia content, or other information or material submitted to or on the Website (together, “Content”) are owned by us or our licensors. Intellectual property rights means rights such as copyright, trade marks, 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). We and our licensors reserve all of our and their rights in any intellectual property in connection with the Website. This means, for example, that we and they remain owners of them and are free to use them as we and they see fit.

Nothing in these Terms grants you any legal rights in the Website other than as necessary to enable you to access and use the Website in accordance with these Terms.

You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to Content posted on the Website. However, you must not:

  1. modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any images, graphics, logos, video, audio or other multimedia content separately from any accompanying text;
  2. remove any acknowledgement that we or any of our contributors is the author of any Content we provide to you as part of the Website; or
  3. use any part of the Content on the Website for commercial purposes without obtaining a licence to do so from us.

If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies or derivatives of the Content you have made.

You are responsible for keeping any Content you have copied, printed or downloaded secure and confidential. We are not liable for any losses resulting from your failure to keep this Content secure and confidential, including losses arising from unauthorised access to the Content or to the Website.

“CLA”, the logos for CLA, CLA Charitable Trust, CLA London Branch, CLA Cymru, CLA Rural Business Conference and all member service logos including CLA Insurance, CLA Utilities, CLA Foreign Exchange and CLA Healthcare are UK registered trademarks of Country Land and Business Association Limited. You are not permitted to use these trademarks without our express prior approval, unless it is part of Content you are permitted to print off, copy or download in accordance with these Terms. All other trademarks not owned by CLA that may appear on the Website from time to time are the property of their respective owners.

8. Prohibited uses of the Website

You may only use the Website for lawful purposes. You may not access or use the Website (or any Content on it):

  1. in violation of any applicable law;
  2. in a manner that is deceiving or fraudulent, or has any deceiving or fraudulent purpose or effect;
  3. to harm or attempt to harm any other person in any way;
  4. to access or interfere with a member’s account or information, impersonate another person, or create or use a false identity or contact details;
  5. to transmit, or procure the sending of, any unsolicited or unauthorised communications, including of advertising or promotional material (spam);
  6. to knowingly transmit any data, send or upload any material that is corrupt or contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or perform any act that would cause the Website to become unavailable for use by others (including via any form of denial-of-service attack);
  7. to obtain or attempt to obtain unauthorised access to or interfere with, damage or disrupt any part of the Website or any computer systems, equipment, software or networks on or through which the Website is stored or operated;
  8. to modify, adapt, decompile, disassemble, reverse engineer or create derivative works of the Website or any of the software comprised in or in any way making up a part of the Website or any services provided by the Website;
  9. to scrape, reproduce, duplicate, copy, modify, rent, sell, lease, sub-licence, distribute, assign, or otherwise transfer or encumber rights to any element comprised in the Website, including any of the software comprised in or in any way making up a part of the Website or any services provided by the Website; 
  10. for the purpose of building a competitive product or service of the Website or any proprietary or third party software making up the Website, or copying its features or user interface;
  11. to remove, alter, or obscure any copyright, trade mark or other proprietary notices appearing in or on the Website; or
  12. in any way that is not authorised by us or is detrimental to us or our third party service providers.

You also agree not to access without authority, interfere with, damage or disrupt any part of the Website, any software, the server or any other equipment or networks on or through which the Website is stored or operated (including where owned or used by any third party).

If you do or if we have reason to believe you either have done or will do any of things listed above, we may prevent or suspend your access to the Website (or any part of the Website which requires you to log in), or we may take other action against you (including legal action).

9. Accuracy of information and availability of the Website

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the Content on the Website is accurate, complete or up to date. Any reliance that you may place on the information on this Website is at your own risk.

Content on the Website is provided for your general information purposes only and to inform you about us and our products, services, news and features. Unless expressly stated otherwise in respect of member advisory services, Content on the Website is not intended to amount to advice on which you should rely.

We cannot guarantee that the Website, or any Content on it, will always be available, uninterrupted or error free. We may suspend, withdraw or restrict the availability of all or any part of the Website for business or operational reasons, such as for maintenance.

10. Hyperlinks and third party sites

The Website may contain hyperlinks or references to third party websites other than the Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them.

11. Linking to the Website

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.

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.

You must not establish a link to the Website in any website that is not owned by you.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.

We reserve the right to withdraw linking permission without notice.

12. When we are responsible for loss or damage suffered by you

Whether you are a consumer or a business user:

  • Liability that cannot be excluded or limited by law. 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.
    • We will not be liable to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes, breakdown of systems or network access, or flood, fire, explosion or accident.
    • Different limitations and exclusions apply to your membership of the CLA. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you as a member of the CLA, which are set out in our Membership Terms and Conditions.
  • Circumstances where we exclude our liability.
    • We 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, or unavailability of, the Website (or any part of it) or websites linked to it;
      • use of or reliance on any Content on the Website; or
      • any inaccuracy or incompleteness of any information received by you or by us through the Website.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any Content on it.
  • We will not be liable to you for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

If you are a consumer user:

  • Except for any liability that we cannot exclude or limit by law (as explained above under the sub-heading Whether you are a consumer or a business user), we will not be liable for any losses that:
    • were not foreseeable to you and us when these Terms were formed. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at when these Terms were formed; or
    • that were not caused by any breach on our part. 

13. We are not responsible for viruses

Although we take all reasonable steps to protect our systems, you access and use the Website at your own risk. You are responsible for configuring your information technology, computer programmes and platform to access and use the Website. You should use your own virus protection software. We do not guarantee that the Website will be secure or free from bugs or viruses.


14.   
Other important terms

Interpretation. The headings used in these Terms are for convenience only and shall not affect their interpretation. Unless specified otherwise, use of the singular includes the plural, use of any gender is deemed to include every gender and any reference to a person includes a corporation, a partnership and any other body or entity, and vice versa. In addition, use of the words, includes or including or similar words or phrases means without limitation and the use of these or similar words or phrases shall not limit the meaning of the general words.

Rights of third parties. These Terms are between you and us. No other person shall have any rights to enforce any of these Terms.

Assignment. We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights under these Terms to another organisation at any time and without notice to you. You may only transfer, assign, charge or otherwise dispose of any of your rights under these Terms to another person if we agree to this in writing. Neither us nor you can assign any of our respective obligations under these Terms by law.

Severability. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability of the other provisions of these Terms. The provision itself shall apply with the minimum modification necessary to make it legal, valid and enforceable.

No waiver. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of you failing to comply with any provision of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.


15.    Disputes between us

We will try to resolve any disputes with you quickly and efficiently.

If you have a complaint, please contact ususing the contact details in the section Who we are and how you can contact us.

If you are a consumer user and we cannot resolve a dispute using our complaint handling procedure, we will let you know and you may wish to refer the matter to a certified alternative dispute resolution (ADR) provider. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not satisfied with the outcome, you can still bring legal proceedings. In addition, you have the right to refer any dispute between us to the European Commission Online Dispute Resolution platform.

16. Which laws apply to these Terms and where you may bring legal proceedings

If you are a consumer user, please note that these Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business user, these Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. You and we both agree to the exclusive jurisdiction of the courts of England and Wales.