Terms and Conditions
Clove Technology (www.clove.co.uk) Terms and Conditions of use
These terms and conditions apply to your use of the website "www.clove.co.uk", hereafter referred to as the "Website", and by accessing this Website, you agree to be bound by the terms and conditions set out below.
Before you place an order, if you have any questions relating to these terms and conditions please contact our customer service representatives by e-mail at firstname.lastname@example.org or call us free from a UK landline on 01202 552936 between 09:00 – 17:00 British Time (please note that calls to our Customer Services Representatives may be recorded for quality monitoring and training purposes).
Please note that “Clove Technology” is a trading name of Hugh Symons Exchange Ltd.
Hugh Symons Exchange Ltd. gives no authority (whether implied or express) to deep link to, or frame, any of the content which appears on our Website, or to use a representation of the company's trademarks as a link button, without the express agreement of Hugh Symons Exchange Ltd.
This site complies with appropriate UK legislation although can be used by persons who access it from outside of the UK. Please note that some services on this site are only available to UK residents.
Abbreviations and terms used in this document
"HSE" refers to Hugh Symons Exchange Ltd, together with any of its subsidiary and holding companies and any subsidiaries of such holding companies whether direct or indirect from time to time.
"Conditions" refers to these terms and conditions and the "Special Conditions";
"Goods" refers to goods displayed for sale on the Website;
"Online Sales" refers to sales of Goods and Services conducted through the Website;
"Personal Information" refers to the details provided by you on registration;
"Product Description" refers to that part of the Website where certain terms and conditions in respect of the individual Good or Service are provided;
"Services" refers to services displayed for sale on the Website;
"Special Conditions" refers to the terms and conditions in the Product Description referred to in Clause 8.1;
"Users" refers to the users of the Website collectively;
"User Information" refers to the details provided by you on any application to buy Goods or Services from us via the Website;
"Us/Our/We/" refers to Hugh Symons Exchange Ltd., a company registered in England and Wales under Company Number 10616239 with registered office located at Unit 12 Alder Hills Industrial Estate, 16 Alder Hills, POOLE, BH12 4AR, VAT number 263 094 603
"Website" refers to the website located at https://www.clove.co.uk or any subsequent URL which may replace it or redirect to it; and
"You/Your" refers to a user of the Website.
Please read all the sections below to understand the risks involved in communicating and transmitting sensitive information by e-mail.
Please note that internet-based e-mail is not a 100% secure communications medium. In the interests of preserving confidentiality in your personal details, We strongly advise that You take this into consideration before You send Us any information by email. By proceeding, You agree that You will send Us information by email at Your own risk.
Messages sent by email may not be secure and may be intercepted by third parties. If You disregard this warning and choose to send Us confidential information, You agree that You do so at Your own risk and that You will not hold Us responsible for any loss that You suffer as a result.
The e-mail address You provide to Us is where We will send Our response. If You have chosen to discuss your personal account details via E-mail We will try to respond to You in this way. We cannot guarantee the security of Your personal information by this communications medium.
A. USE OF THE WEBSITE
We will provide you with access to the Website and sell You Goods and Services in accordance with these Conditions.
2. YOUR OBLIGATIONS
2.1 agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.2 agree not to upload or transmit through the Website without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.6 will not attempt any unauthorised access to any part or component of the Website; and,
2.7 agree that in the event that You have any right, claim or action against any other User arising out of that User's use of the Website, then You will pursue such right, claim or action independently of, and without recourse to Us;
2.8 the Personal Information which You are required to provide when You register as a customer is true, accurate, current and complete in all respects; and
2.9 will notify us immediately of any changes to the Personal Information by contacting our customer service representatives by e-mail at email@example.com, or calling us free from a UK landline on 01202 552936 between 09:00 – 17:00 British Time; and
2.10 will not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by Us and arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Website, or the use by any other person accessing the Website using Your Internet account and/or Your Personal Information.
4. OUR RIGHTS
4.1. We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.
4.2 We will use Our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
4.3 We reserve the right to withdraw any Goods or Services from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to You or any third party by reason of our doing any of the following: withdrawing any Good or Services from the Website whether or not those Goods or Services have been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
5. THIRD PARTY LINKS
In an attempt to provide increased value to Our Users, We may provide links to other websites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, goods or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that We deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Website). We may also investigate, in Our sole discretion, the use, or attempted use, of any credit card, and take such action as we deem appropriate, including without limitation, contacting the User using such card or cancelling orders placed by such User.
B. PURCHASE OF GOODS/SERVICES
TERMS AND CONDITIONS OF SALE
By purchasing or ordering the Goods and/or Services, you agree to be bound by the terms and conditions set out below. Before placing your order, if you have any questions relating to these Conditions please contact us via our website at https://www.clove.co.uk/pages/contact-us, emailing firstname.lastname@example.org or by calling us on 01202 552 936.
“Clove Technology” is a trading name of Hugh Symons Exchange Ltd.
"HSE" means Hugh Symons Exchange Limited, together with any of its subsidiary and holding companies and any subsidiaries of such holding companies whether direct or indirect from time to time;
"Conditions" means these terms and conditions;
"Goods" means any goods you purchase under these Conditions;
"Subscription Services" means Services to which you subscribe on an ongoing basis, for example technical support Services;
"Non-Subscription Services" mean any Services other than Subscription Services;
"Personal Information" means the details provided by you to us;
"Services" means any services you order or otherwise purchase under these Conditions;
"Us/our/we" means Hugh Symons Exchange Limited, a company registered in England and Wales under the Company No. 10616239 with registered office located at Unit 12 Alder Hills Industrial Estate, 16 Alder Hills, POOLE, BH124AR;
"Website" means either one of the websites located at https://www.clove.co.uk or any other URL which may replace and/or redirect to it; and
"You/Your" means the person ordering or otherwise purchasing the Goods or Services.
1. RIGHTS AND OBLIGATIONS
1.1 You undertake:
1.1.1 to pay any amounts due to us in a timely manner;
1.1.2 that the Personal Information you provide is true, accurate, current and complete in all respects;
1.1.3 to notify us immediately of any changes to the Personal Information using the contact details in Clause 5.4; and
1.1.4 not to impersonate any other person or entity or to use a false name.
1.2 We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Goods or Services available. We also reserve the right to change or add to these Conditions from time to time.
1.3 Unless you have placed an order for any Goods or Services, or you subscribe to any Subscription Services, by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.
1.4 From time to time we may also have to make changes in the specification of any Good or Service:
1.4.1 to make it conform with any applicable safety or other statutory requirements; or
1.4.2 to make it reflect changes in the manufacturer's specification, but we will endeavour to ensure that such changes do not reduce the quality or performance of such a Good and/or Service. Where you have placed an order for the affected Good and/or Service and such changes are substantial, we will notify you in advance to ensure that you still wish to proceed with any order that you have placed.
1.5 Goods and Non-Subscription Services:
1.5.1 You will be subject to the policies and Conditions in force at the time you order or otherwise purchase the Goods or Non-Subscription Services, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.
1.5.2 We shall not withdraw or modify to your substantial detriment any of the Goods or Non-Subscription Services for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside of our reasonable control. We will take reasonable care to ensure all details, descriptions and prices of products and services are correct at the time the information was entered onto our system.
1.5.3 The purchase of software products is subject to your acceptance of the terms of any end user and/or licensing agreement(s) relating to such software.
1.5.4 We are under a legal duty to supply Goods that are in conformity with these Conditions.
1.6 Subscription Services only:
1.6.1 If you subscribe to Subscription Services, we will give you prior notice of any withdrawal of or changes to the Subscription Services or these Conditions.(i) where these changes are to your substantial detriment (which shall include but not be limited to an increase in the price of your Subscription Services of more than 10%), you can choose to cancel any unused portion of the Subscription Services without penalty before any such changes take effect. Your continued subscription to the Subscription Services following such change taking effect shall be deemed to be your acceptance of such change. (ii) Your right to cancel under Clause 1.6.1 (i) above does not apply where:(a) any price increase in relation to the Subscription Services does not exceed the Retail Price Index figure, the Consumer Price Index figure or similar in any twelve-month period; or (b) the increase is as a result of any increase in VAT or other taxes or the introduction of a similar or new tax on the Subscription Service.
1.7 Estimated time frames for delivery of Goods or completion of Services are estimates only and delays may arise due to matters outside of our reasonable control.
1.8 Goods may be subject to EU and US export control laws and laws of the country where they are delivered or used. Under these laws, such Goods may not be sold, leased or transferred to restricted end-users (including to nationals of Cuba, Iran, North Korea, Sudan, and/or Syria) or countries or for restricted end-uses (including uses related to the development, production, use, or maintenance of "Weapons of Mass Destruction", including without limitation, uses related to nuclear, missile, and/or chemical/biological development). If Goods are supplied to you subject to any such Export Laws, such supply is subject to you not falling into any such restricted categories.
2.1 Goods and Services are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us. Services that come with minimum term contracts are only available to individuals who are 18 years old or over and residents in the UK; by ordering or otherwise purchasing such Services, you confirm that you are 18 years old or over.
2.2 When requested by us, you must provide your name, phone number, address, payment details and other requested information.
2.3 Each order placed by you will be treated as an offer to purchase the Goods and/or Services to which your order relates. The contract will only be completed when we dispatch the Goods/commence the provision of the Services (as applicable).
The "confirmation" stage of the checkout process sets out the final details of your order. An order will be placed when you press the "confirm order" button or a similar function. We will then send you an order acknowledgement email detailing the products you have ordered. This is not an order acceptance - the order is only considered accepted when it has been followed by an email which confirms your order is on its way (dispatch confirmation). We aim to send this on the next working day where the stock is immediately available.
2.4 You acknowledge that any automated acknowledgement given when you place an online order shall not amount to our acceptance of your offer to purchase.
2.5 We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. Where this happens, we will attempt to contact you. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Goods or Services for profit.
3. PRICE AND PAYMENT
3.1 The price of the Goods or Services (if any) shall be the price of which we inform you prior to accepting your order. Prices may be displayed both inclusive or exclusive of UK VAT at current rates and thus stated.
3.2 If you fail to make any payment on the due date then, without prejudice to any other right or remedy we may have, we may:
3.2.1 where you subscribe to Subscription Services, suspend the Services until payment is received and, if you continue to fail to make payment, cancel this agreement; and/or
3.2.2 where you have ordered Goods or Non-Subscription Services, cancel this agreement; and/or
3.2.3 in any event, charge you interest (before and after any judgment) on the amount unpaid, at the rate of 2% per calendar month, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).
3.3 You confirm that any payment method you use is yours.
3.4 Payment methods are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by failure of such checks or authorisation.
3.5 Once your Goods have been collected and/or otherwise received by you, all risk of damage to, or loss of, the Goods shall pass to you.
3.6 Irrespective of your receipt of the Goods, the passing of risk or any other provision of these conditions, ownership shall not pass to you until we have payment in full for the Goods.
3.7 Until such time as the ownership passes to you, you shall hold the Goods on our behalf and keep them safe and identified as our property, and we shall be entitled to ask you to return the Goods to us.
4. CANCELLATION, RETURNS AND EXCHANGES
4.1 Without prejudice to our rights under Clause 1 above, if either party breaks the terms of these Conditions in any material way, the other party can terminate these Conditions by giving the other party 7 days written notice.
4.2 In certain situations, we may be prepared to give you a refund or exchange for Goods if you change your mind. For details on our Returns and Exchange Policy please visit https://www.clove.co.uk/pages/returns-policy, email email@example.com or call us on 01202 552936.
4.3 Subscription Services only:
4.3.1 Subject to Clauses 4.3.2 and 4.3.3 and without prejudice to Clause 4.1 above or to any other rights we have under the terms of these Conditions, either party can terminate this agreement at any time by giving the other party no less than 30 days written notice.
4.3.2 If Subscription Services come with a minimum term contract, without prejudice to our rights in Clauses 1 and 4.1 above, we will not terminate the Subscription Services during such a minimum term.
4.3.3 You can terminate the Subscription Services within such a minimum term but if you do so other than in exercising your rights under Clauses 1.6.1 and 4.1, we may charge you a cancellation fee.
4.4 Goods and/or Services ordered online or over the phone only
4.4.1 Consumers ordering Goods or Services at a distance (such as via telephone or online) have certain cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This legislation applies to the UK and European customers only, who reside within in a country defined as being either an EU or EEA member state.
4.4.2 You may cancel any order for Services any time within 14 calendar days from the commencement of the contract for such Services. However, you may not cancel once we have started providing any part of such Services to you with your agreement.
4.4.3 You may cancel any order for Products other than audio or video recordings or software at any time within 14 calendar days from the day after receiving such Products, without liability to us.
4.4.5 Where you have ordered audio or video recordings or software, you do not have a right to cancel your order once it has been accepted and where either (i) download of the audio or video recordings or software has started; or (ii) where the audio or video recordings or software has been delivered to on CD, DVD or other similar storage devices and the item is unwrapped.
4.4.6 You may cancel your order by calling us on 01202 552936 or you may use the cancellation form here. Any cancellation notice must be given before the end of the 14 calendar days period referred to above.
4.4.7 If you cancel an order for Goods, they must be returned to us within 14 days of you informing us of your wish to cancel, complete (with any accessories, leads or other items provided with the Goods) and undamaged, with proof of purchase. If you fail to return the Goods in this manner, we may charge you the costs we incur in recovering the Goods from you (which may be substantial) or the standalone retail value of any missing or damaged items.
4.4.8 Unless collection of the Goods has been arranged, you must return the Goods by sending them to Direct Returns, Clove Technology, Unit 12 Alder Hills Industrial Estate, 16 Alder Hills, POOLE, BH12 4AR at your cost. It is your responsibility to ensure that the Goods are received by us and we recommend using a tracked and insured service such as either Royal Mail Special Delivery where appropriate.
4.4.9 Where we have agreed to collect the Goods from you, you must ensure that they are available for collection at the time arranged.
4.4.10 You shall be under a duty to take reasonable care of the Goods until received or collected by us and it is your responsibility to ensure that the Goods are not damaged whilst in transit using transport arranged by you.
4.4.11 You are entitled to examine any Goods ordered as you would in a shop. However, if you use the Goods, you may lose your right to cancel your purchase. Use would include, but not be limited to using the Goods to make or receive a call, sending or receiving SMS/MMS, connecting to and/or accessing the internet, downloading, or using any functions of the Goods for example amending settings, saving data, adding a contact or appointment, taking a photograph or using an application. We reserve the right to charge you for the value of any Goods returned which have been used or damaged whilst in your possession, up to the full cost price of the Goods.
4.4.12 If you cancel your order in accordance with the provisions of this Clause 4.4, subject to the provisions of Clauses 4.4.7 and 4.4.11 we will refund any sums paid by you in relation to your order (less our costs if we have to recover any Goods from you under Clause 4.4.7) within 14 days of such cancellation, only where the Goods have been returned or evidence of the Goods being returned (in accordance with Clause 4.4.7) is provided to us.
5. YOUR PERSONAL INFORMATION
5.1 We need to collect certain Personal Information to provide you with the Goods and/or Services.
5.3 If you would like us to tell you what information we hold about you please write to: Data Protection Office, Hugh Symons Exchange Ltd., Unit 12 Alder Hills Industrial Estate, 16 Alder Hills, POOLE, BH12 4AR. Please include your full name, address and a copy ID with each request as outlined in the section entitled “Access to Information” available online at https://www.clove.co.uk/pages/privacy-policy
5.4 You will have the opportunity to consent to us contacting you by post, e-mail, phone, SMS or MMS about products and services of Hugh Symons Exchange Ltd. and carefully selected third parties we believe may be of interest to you. You can make changes to your marketing preferences at any time by calling us on 01202 552936 or writing to us at Data Protection Office, Hugh Symons Exchange Ltd., Unit 12 Alder Hills Industrial Estate, 16 Alder Hills, POOLE, BH12 4AR. Please note that it may take up to 28 days for such changes to take effect.
6. TERMS APPLICABLE ONLY TO PROMOTIONAL ITEMS RECEIVED FOR FREE OR AT A DISCOUNT WITH A SIM FREE HANDSET OR WHEN YOU HAVE ENTERED INTO A NETWORK CONTRACT OR AN AGREEMENT FOR SUBSCRIPTION SERVICES
6.1 In relation to this Clause 6 and Clause 7 only, the terms listed below shall have the following meaning: "Minimum Period" means any minimum period for the provision of any Subscription Services or Network Services beginning the day of which the provision of your Subscription Services or Network Services (as applicable) begin or, in the case of a contract renewal, the date on which that renewal becomes effective; "Network Services" means the telecommunication, internet or television services provided by a Network Operator; "Network Contract" means a contract entered into between you and your Network Operator relating to the provision of Network Services; "Network Operator" means a Network provider nominated by us to you into which you have entered any Network Contract; "Promotional Items" means any goods/ gift cards/ vouchers/ subscription services or similar received for free or at a discount when you have entered into a Services Contract; and "Services Contract" means a Network Contract or contract for Subscription Services.
6.1.1 Where you have received your Promotional Item(s) and: (i) it has not been possible to fully provision you with your Network Services or Subscription Services, for whatever reason, within 60 days of you placing your order; (ii) your Services Contract is terminated as a result of you being in breach of its terms (including but not limited to where you have failed to fulfil your payment obligations during the Minimum Period); or (iii) you move onto a lower rate monthly subscription or you end the Services Contract for any reason within your Minimum Period you must: a. return the Promotional Items to us upon ending your Services Contract or within 14 days of our request for you to do so by sending it to the address of which we notify you (here, we recommend that you use special delivery); or b. keep the Promotional Items, in which case you agree to pay us the amount of the discount being the stand-alone retail price of the Promotional Items (i.e. the price you would have paid had you purchased the Promotional Items without entering into the Services Contract) less any amount paid by you at the time of purchase for the Promotional Items (the "Outstanding Amount").
6.1.2 Any Outstanding Amount due will be invoiced as we advise, and you must pay the invoiced amount within 14 days of the date of the invoice.
6.1.3 We agree that, subject to the provisions of Clauses 6.1.1 and 6.1.2 we will not exercise our right under Clause 3.7 where you have entered into a Services Contract and are duly performing your obligations as to payment under it.
7. TERMS APPLICABLE TO CASH-BACK, REDEMPTIONS OR SIMILAR PROMOTIONAL DEALS OFFERING YOU A FINANCIAL INCENTIVE OR REBATE WHEN YOU HAVE ENTERED INTO A SERVICES CONTRACT (TOGETHER, "CASH-BACK DEALS")
7.1 The following conditions are in addition to any specific terms applicable to any Cash-back Deal that you have entered into.
7.2 Where Cash-back Deals offer you a fixed price line rental via cash-back or redemption, this fixed price is dependent on the Network Operator or service provider not increasing the price of its Services. Where the price of the Services is increased by the Network Operator or service provider, this is done independently of the Cash-back Deal. The amount of payments you receive under your Cash-back Deal will remain static for the duration of the Cash-back Deal and you will remain liable to the Network Operator or service provider for any such increased prices.
7.3 You may be required to make payments upfront for the full amounts due under your Services Contract prior to being entitled to claim any payments from us under your Cash-back Deal.
7.4 To claim any payments due to you under your Cash-back Deal you must ensure that all payments due from you under your Services Contract are up to date.
7.5 Where you have received your financial incentive as part of your Cash-back Deal and:
7.5.1 it has not been possible to fully provision you with your Network Services or Subscription Services, for whatever reason, within 60 days of you placing your order;
7.5.2 your Services Contract is terminated as a result of you being in breach of its terms (including but not limited to where you have failed to fulfil your payment obligations during the Minimum Period); or
7.5.3 you move onto a lower rate monthly subscription or you end the Services Contract for any reason within your Minimum Period, you must return the financial incentive to us upon ending your Services Contract.
8. LIMITATION OF LIABILITY
8.1 We will not be liable for any loss or damage caused by us in circumstances where:
8.1.1 there is no breach of a legal duty of care owed to you by us; and/or
8.1.2 such loss or damage is not reasonably foreseeable.
8.2 We will not be liable any loss or damage caused wholly or mainly by your breach of these Conditions.
8.3 Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.
8.4 Nothing in these Conditions shall:
8.4.1 exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
8.4.2 Limit your rights as a consumer under applicable UK law.
8.5 All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.
8.6 The Goods, where new, are sold with the benefit of and subject to the terms set out in any warranty or guarantee given by the manufacturer of the Goods. This is in addition to your legal rights in relation to Goods which are faulty, or which otherwise do not conform to the legally required standard.
8.7 Each provision of this Clause 6 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
9.1 Events Beyond the Parties' Reasonable Control: If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
9.2 Third Parties: Nobody but you and us can benefit from these Conditions under the Contracts (Rights of Third Parties) Act 1999.
9.3 Assignment: You may not but we may, assign, charge or otherwise dispose of our rights under these Conditions. Any attempt by you to do so shall be void.
9.4 Governing Law: These Conditions will be governed by English Law and if you are not happy with how we deal with any disagreement and want to take bring court proceedings, you must do so within the UK.
9.5 Each Clause of these Conditions operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
9.6 Call Monitoring: Monitoring or recording of your calls may take place for our business purposes. Calls to our customer service numbers should incur local call costs from a standard BT line, calls from other providers may vary and calls from mobiles may cost significantly more.
10. HANDLING COMPLAINTS AND SENDING NOTICES
10.1 If you wish to make a complaint you may do so in the following way:
10.1.1 by calling 01202 552936;
10.1.2 in writing addressed to: Complaints, Hugh Symons Exchange Ltd., Unit 12 Alder Hills Industrial Estate, 16 Alder Hills, POOLE, BH12 4AR;
10.2 If you need to send us a notice in relation to these Conditions you can do so in the following way:
10.2.1 by post to Hugh Symons Exchange Ltd., Unit 12 Alder Hills Industrial Estate, 16 Alder Hills, POOLE, BH12 4AR; or
10.2.2 via our website at https://www.clove.co.uk/pages/contact-us
10.3 Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.
10.4 Under EU Regulations around online dispute resolution for consumer disputes, traders are required to provide consumers with an accessible electronic link to the Online Dispute Resolution (ODR) platform. You can submit your complaint via the Online Dispute Resolution platform, which can be found at http://ec.europa.eu/odr.
1. INTELLECTUAL PROPERTY AND RIGHT TO USE
1.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Us or Our licensors. You are permitted to use this material only as expressly authorised by Us or Our licensors.
1.2 You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only and that You may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
2.1 You may send us notices under or in connection with these Conditions:
2.1.1 by post to Group Legal Department, Hugh Symons Exchange Ltd., Unit 12 Alder Hills Industrial Estate, 16 Alder Hills, POOLE, BH124AR
2.1.2 by email to firstname.lastname@example.org
2.2 As proof of sending does not guarantee Our receipt of Your notice, You must ensure that You have received an acknowledgement from Us which should be retained by You.
3. COMPLIANCE WITH LAWS
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
4. LIMITATION OF LIABILITY
4.1 While We will use reasonable endeavours to verify the accuracy of any information We place on the Website, We make no warranties, whether express or implied in relation to its accuracy.
4.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
4.3 We make no warranty that the Website will meet Your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
4.4 To the fullest extent permissible under applicable law, We disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods and Services including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
4.5 Notwithstanding any other provision in the Conditions, nothing herein shall limit Your rights as a consumer under English law.
4.6 The information provided to You in connection with the Goods and Services is provided by the suppliers of such Goods and Services and You acknowledge that We do not verify the accuracy of such information. The fact that information, products or services are shown on this site does not necessarily mean that:
4.6.1 you should rely on the information (whether provided by us or third parties);
4.6.2 we endorse the information, products or services provided by third parties; or
4.6.3 the product and services that we provide are suitable for you. It is your responsibility to check this out. Some of the services on this site may not be available or may have changed.
4.7 We therefore exclude all liability of any kind (including but not limited to defamation, breach of confidence, intellectual property right infringements, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature to
4.8 You acknowledge that We cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by You.
4.9 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for:
4.9.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
4.9.2 any loss of goodwill or reputation; or
4.9.3 any loss which was not brought to Our attention at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Us; or
4.10 in any case whether or not such losses were within the contemplation of either of Us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of Us arising out of or in connection with the provisions of any matter under these Conditions.
4.11 Nothing in the Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees.
4.12 We are not in any way responsible for anything mentioned on or linked to this site that someone else is marketing.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be sever-able from these Conditions and shall not affect the validity and enforce-ability of any of the remaining provisions of the Conditions.
No waiver by Us shall be construed as a waiver of any preceding or succeeding breach of any provision.
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
8. ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement between You and Us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between You and Us in relation to such matters. You confirm that You have read these conditions and, You fully understand them and You also agree that these conditions are the only terms (together with Your network provider agreement) that rule Your relationship with us.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.