Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern www.clarityofpresence.com’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

1. About our Terms

1.1 These Terms explain how you may use this website (the Site)

1.2 References in these Terms to the Site includes the following websites:
www.clarityofpresence.com, and all associated web pages.

1.3 You should read these Terms carefully before using the Site.

1.4 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to.

1.5 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

1.6 If you have any questions about the Site, please contact us using the contact form on www.clarityofpresence.com

The following defined terms shall have the meanings given

Acceptable Use Policy : means the policy, which governs your permitted use of the Site; as stated on this page.

Content: means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

Online terms and conditions for the supply of goods: means the terms and conditions which will apply to you ordering goods using the Site;

Site: has the meaning given to it in clause 1.1;

Terms: means these terms and conditions of use as updated from time to time

Unwanted Submission: has the meaning given to it in clause 6.1;

We, us or our: means Clarity of Presence

You or your: means the person accessing or using the Site or its Content.

1.8  Your use of the Site means that you must also comply with our Acceptable Use Policy  and our Online terms and conditions for the supply of goods and services, where applicable.

2. Using the Site and your account

2.1 The Site is for your use only.

2.2 You agree that you are solely responsible for:

• all costs and expenses which you may incur in relation to your use of the
  Site; and
• keeping your password and other account details secure and complying fully with clause 2.6 below.

2.3 If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable. We do not represent that content available on or through our Site is appropriate for use or available in other locations.

2.4 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us.

2.5 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

2.6 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

2.7 We have the right to disable any user identification code or password, whether chosen by you or allocated by us at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these terms of use.

2.8 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

3. Your privacy and your personal information

3.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy .These policies explain what personal information we collect from 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 you have a query or complaint about the use of your personal information.

4. Ownership, use and intellectual property rights

4.1 This Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). 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 these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit and we have the right to revoke your usage of them.

4.2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

4.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4.3 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

4.5 You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

4.6 If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. The only time any of the content can be used that belongs to clarityofpresence if you have permission from the owner to do so with conditions that were set by the owner.

5. Software

5.1 Software may be made available for you to download in order to help the Site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an ‘end user licence agreement’ or ‘EULA’). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests what your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you).

5.2 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.

6. Submitting information to the Site

6.1 Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy.

6.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

6.3 Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

6.4 Whilst we try to make sure the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, copyright, advertising or marketing suggestions, prototypes, or any other information which you regard as confidential, commercially sensitive or valuable (Unwanted Submissions), or personal information that you do not wish for the public to be aware of. Whilst we value your feedback, you agree not to submit any Unwanted Submissions to us.

6.5 We may use any Unwanted Submissions as we see reasonably fit on a free-ofcharge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

6.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

6.5 We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

6.6 You are solely responsible for securing and backing up your content.

6.7 We do not store terrorist or offensive content.

7. We are not responsible for viruses and you must not introduce them

7.1 We do not guarantee that our Site will be secure or free from bugs or viruses.

7.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

7.3 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

8. Rules about linking to our Site

8.1 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.

8.2 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.

8.3 You must not establish a link to our Site in any website that is not owned by you.

8.4 Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

8.5 We reserve the right to withdraw linking permission without notice.

8.6 The website in which you are linking must comply in all respects with the content standards set out in our Acceptable use policy.

8.7 If you wish to link to or make any use of content on our Site other than that set out above, please contact us using the contact form on this website.

9. Accuracy of information and availability of the Site

9.1 We make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose and does not constitute advice. Any reliance that you may place on the information on this Site is at your own risk.

9.2 Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial, legal advice, or any other type of advice and should not be relied on for any purposes. All information on this site and services provided is not aimed at diagnosing, treating or preventing any illness, resolving or recovering from trauma or being professional medical or psychological support. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

9.3 We may suspend or terminate operation of the Site at any time as we see fit.

9.4 Whilst we try to make sure that the Site is available for your use, we neither promise that the Site will be available at all times nor do we promise the uninterrupted use of the Site by you.

10. Hyperlinks and third party sites

10.1 The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only.

10.2 We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

11. Liability

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

12. User generated content is not approved by us

12.1 This Site may include information and materials uploaded by other users of the Site, including to bulletin boards and chat rooms , comments on blogs. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.

If you wish to complain about content uploaded by other users, please contact us.

13. Events beyond our control
    We shall have no liability 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.
14. Rights of third parties
    No one other than a party to these Terms has any right to enforce any of these Terms.

15 .Variation

These Terms are dated 5^th October 2021 No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

16. Disputes

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

If you are unhappy with us please contact us as soon as possible. If we cannot resolve a dispute using our complaint handling procedure, we will let you know that we cannot settle the dispute with you.

Acceptable Use Policy

What’s in these terms?

This acceptable use policy sets out the content standards that apply if you upload content to

our site, make contact with other users on our site, link to our site, or interact with our site in any other way,

By using our site you accept these terms

By using our site, you confirm that you accept the terms of this policy and that you agree to

comply with them. If you do not agree to these terms, you must not use our site. We

recommend that you print a copy of these terms for future reference.

We may make changes to the terms of this policy

We may amend these terms from time to time. Every time you wish to use our site,

please check these terms to ensure you understand the terms that apply at that time.

Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To bully, insult, intimidate or humiliate any person.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that 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.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.

• Not to access without authority, interfere with, damage or disrupt:

o any part of our site;

o any equipment or network on which our site is stored;

o any software used in the provision of our site; or

o any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site (“Interactive

Services”) such as:-

• Forums
• Groups with Comments
• Surveys
• Reviews and Feedback

This is not an exhaustive list but examples of the types of interactive services we may supply

from time to time. Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide, in each case, whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.

However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent

or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as a moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Content Standards

These content standards apply to any and all material which you contribute to our site

(Contribution), and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The standards

apply to each part of any Contribution as well as to its whole. We will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Bully, insult, intimidate or humiliate.
• Promote sexually explicit material.
• Include child sexual abuse material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Infringe any copyright, database right or trade-mark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

• Promote any illegal activity.
• Be in contempt of court.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from us if this is not the case.

• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other sites.

Breach of this policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
• We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Reporting an alleged Breach

Whilst we do take reasonable steps to monitor and review the content on our website, if you do see any Contribution that you consider breaches our Content Standards, please contact us.