Terms Of Use

1. INTRODUCTION

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

2. COPYRIGHT NOTICE

2.1 Subject to the express provisions of these terms and conditions:

(a) We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) All the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. LICENCE TO USE WEBSITE

3.1 You may:

(a) View pages from our website in a web browser;

(b) Download pages from our website for caching in a web browser;

(d) Stream audio and video files from our website; and

(e) Use our website services by means of a web browser,

Subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal and business purposes and you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 You must not:

(b) Republish material from our website (including republication on another website);

(b) Sell, rent or sub-license material from our website;

(d) Exploit material from our website for a commercial purpose; or

(e) Redistribute material from our website.

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion, you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. ACCEPTABLE USE

4.1 You must not:

(a) Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) Access or otherwise interact with our website using any robot, spider or other automated means. except for the purpose of search engine indexing;

(f) Violate the directives set out in the robots.txt file for our website; or

(g) Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. LIMITED WARRANTIES

5.1 We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

5.2 To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

6. LIMITATION & EXCLUSIONS LIABILITY

6.1 Nothing in these terms of use will:

(a) Limit or exclude our or your liability for death or personal injury resulting from negligence;

(b) Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

(d) Exclude any of our or your liabilities
that may not be excluded under applicable law.

6.2 The limitations and exclusions of
liability set out in this section and elsewhere in these terms of use:

(a) Are subject to the preceding paragraph;
and

(b) Govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

6.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

6.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

6.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.

6.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

7. INDEMNITY

7.1 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use or arising out of any claim that you have breached any provision of these terms of use.

8. BREACHES OF THESE TERMS OF USE

8.1 Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

9. VARIATION

9.1 We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

10. EXCLUSION OF THIRD PARTY RIGHTS

10.1 These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

11. PRIVACY POLICY

11.1 We are committed to safeguarding the privacy of our website visitors, service users, individual customers and customer personnel.

11.2 This policy applies where we are acting as a data controller with respect to the personal data of such persons; in other words, where we determine the purposes and means of the processing of that personal data.

11.3 In this policy, “we”, “us” and “our” refer to The Allendale Group Limited.

12. THE PERSONAL DATA WE COLLECT

12.1 In this section we have set out the general categories of personal data that we process and, in the case of personal data that we did not obtain directly from you, information about the source and specific categories of that data.

12.2 We may process data enabling us to get in touch with you (“contact data”). The contact data may include your name, email address, telephone number, postal address and/or social media account identifiers. The source of the contact data is you and/or your employer. If you log into our website using a social media account, we will obtain elements of the contact data from the relevant social media account provider.

12.3 We may process information contained in or relating to any communication that you send to us or that we send to you (“communication data”). The communication data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms.

12.4 We may process data about your use of our website and services (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system.

13. PURPOSES OF PROCESSING & LEGAL BASIS

13.1 In this section, we have set out the purposes for which we may process personal data and the legal basis of the processing.

13.2 Operations – We may process your personal data for the purposes of operating our website, the processing and fulfilment of orders, providing our services, supplying our goods, generating invoices, bills and other payment-related documentation, and credit control. The legal basis for this processing is our legitimate interests, namely the proper administration of our website, services and business.

13.3 Research & analysis – We may process usage data and/or transaction data for the purposes of researching and analysing the use of our website and services, as well as researching and analysing other interactions with our business. The legal basis for this processing is our legitimate interests, namely monitoring, supporting, improving and securing our website, services and business generally.

13.4 Record keeping – We may process your personal data for the purposes of creating and maintaining our databases, back-up copies of our databases and our business records generally. The legal basis for this processing is our legitimate interests, namely ensuring that we have access to all the information we need to properly and efficiently run our business in accordance with this policy.

13.5 Security – We may process your personal data for the purposes of security and the prevention of fraud and other criminal activity. The legal basis of this processing is our legitimate interests, namely the protection of our website, services and business, and the protection of others.

13.6 Legal claims – We may process your personal data where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

13.7 Legal compliance and vital interests – We may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person.

14. RETAINING & DELETING PERSONAL DATA

14.1 This section sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

14.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

14.3 We will retain contact data, communication and usage data during the period that you are a customer with us and then for as long as is necessary, in connection with both our and your legal rights and obligations. This may mean that we keep some types of personal information for longer than others

14.4 Notwithstanding the other provisions of this section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

15. YOUR RIGHTS

15.1 Your principal rights under data protection law are:

(a) The right to access – you can ask for copies of your personal data;

(b) The right to rectification – you can ask us to rectify inaccurate personal data and to complete incomplete personal data;

(d) The right to restrict processing -you can ask us to restrict the processing of your personal data;

(e) The right to object to processing – you can object to the processing of your personal data;

(f) The right to data portability -you can ask that we transfer your personal data to another organisation or to you;

(g) The right to complain to a supervisory authority – you can complain about our processing of your personal data; and

(h) The right to withdraw consent – to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.

15.3 These rights are subject to certain limitations and exceptions. You can learn more about the rights of data subjects by visiting https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.

15.4 You may exercise any of your rights in relation to your personal data by written notice to us, using the contact details set out below.

16. AMENDMENTS

16.1 We may update this policy from time to time by publishing a new version on our website.

16.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

17. ENTIRE AGREEMENT

17.1 These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

18. LAW & JURISDICTION

18.1 These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

19. OUR CONTACT INFORMATION

(a) This website is owned and operated by The Allendale Group Limited

(b) We are registered in England and Wales under registration number 04736681

(c) You can write to us at The Allendale Group Limited, Lyons Instruments Dept, Pindar Road, Hoddesdon, Hertfordshire, EN11 0BZ.

Telephone number: 01992 455 930

E-mail address: sales@claudelyons.com