These Terms and Conditions, together with any and all other documents referred to
herein, set out the terms of use under which you may use this website,
http://www.ableplan.uk (“Our Site”), which is a trading style of 32 Squared Protect Ltd, Company Number 11947701. Registered Address: Henleaze Business Centre, 13 Harbury Road, Henleaze, Bristol BS9 4PN. Please read these Terms and Conditions
carefully and ensure that you understand them. Your agreement to comply with and be
bound by these Terms and Conditions is deemed to occur upon your first use of Our
Site. If you do not agree to comply with and be bound by these Terms and Conditions,
you must stop using Our Site immediately.
1.1 In these Terms and Conditions, unless the context otherwise requires, the
following expressions have the following meanings:
“We/Us/Our/the Company”
means an account required to access and/or use certain areas and features of Our
Site;
“Content”
means any and all text, images, audio, video, scripts, code, software, databases and
any other form of information capable of being stored on a computer that appears on,
or forms part of Our Site.
“Cookie”
means a small file placed on your computer or device by Our Site when you visit
certain parts of Our Site and/or when you use certain features of Our Site.
“Cookie Law”
means the relevant parts of the Privacy and Electronic Communications (EC Directive)
Regulations 2003 and of EU Regulation 2016/679 General Data Protection Regulation
(“GDPR”).
“Personal Data”
means any and all data that relates to an identifiable person who can be directly or
indirectly identified from that data, as defined EU Regulation 2016/679 General Data
Protection Regulation (“GDPR”).
2.1 (“Our Site”), is owned and operated by the Company.
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to
access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may
alter, suspend or discontinue Our Site (or any part of it) at any time and without
notice. We will not be liable to you in any way if Our Site (or any part of it) is
unavailable at any time and for any period.
4.1 All Content included on Our Site and the copyright and other intellectual
property rights subsisting in that Content, unless specifically labelled otherwise,
belongs to or has been licensed by us.
4.2 Subject to sub-Clauses 4.3 you may not reproduce, copy, distribute, sell,
rent, sub-licence, store, or in any other manner re-use Content from our Site
unless given express written permission to do so by us.
4.3 You may:
4.3.1 Access, view and use our site in a web browser (including any web browsing
capability built into other types of software or app);
4.3.2 Download Our Site (or any part of it) for caching;
4.3.3 Print pages from our site;
4.3.4 Download extracts from pages on our site; and
4.3.5 Save pages from Our Site for later and/or offline viewing.
4.4 Our status as the owner and author of the Content on Our Site (or that of
identified licensors, as appropriate) must always be acknowledged.
4.5 You may not use any Content saved or downloaded from Our Site for commercial
purposes without first obtaining a licence from Us (or our licensors, as
appropriate) to do so. This does not prohibit the normal access, viewing and use
of Our Site for general information purposes whether by business users or
consumers.
5.1 You may link to Our Site provided that:
5.1.1 You do so in a fair and legal manner;
5.1.2 You do not do so in a manner that suggests any form of association,
endorsement or approval on Our part where none exists;
5.1.3 You do not use any logos or trademarks displayed on our site without Our
express written permission; and
5.1.4 You do not do so in a way that is calculated to damage our reputation or to
take unfair advantage of it.
5.2 You may not link to Our Site from any other site the main content of which
contains material that:
5.2.1 is sexually explicit;
5.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
5.2.3 promotes violence;
5.2.4 promotes or assists in any form of unlawful activity;
5.2.5 discriminates against, or is in any way defamatory of, any person, group or
class of persons, race, sex, religion, nationality, disability, sexual orientation,
or age;
5.2.6 is intended or is otherwise likely to threaten, harass, annoy, alarm,
inconvenience, upset, or embarrass another person;
5.2.7 is calculated or is otherwise likely to deceive another person;
5.2.8 is intended or is otherwise likely to infringe (or to threaten to infringe)
another person’s privacy;
5.2.9 misleadingly impersonates any person or otherwise misrepresents the identity
or affiliation of a particular person in a way that is calculated to deceive
(obvious parodies are not included in this definition provided that they do not fall
within any of the other provisions of this sub-Clause 5.4);
5.2.10 implies any form of affiliation with Us where none exists;
5.2.11 infringes, or assists in the infringement of, the intellectual property
rights (including, but not limited to, copyright, trademarks and database rights) of
any other party; or
5.2.12 is made in breach of any legal duty owed to a third party including, but not
limited to, contractual duties and duties of confidence.
5.3 The content restrictions in sub-Clause 5.2 do not apply to content submitted to
sites by other users provided that the primary purpose of the site accords with the
provisions of sub-Clause 5.2. You are not, for example, prohibited from posting
links on general-purpose social networking sites merely because another user may
post such content. You are, however, prohibited from posting links on websites which
focus on or encourage the submission of such content from users.
Links to other sites may be included on Our Site. Unless expressly stated, these
sites are not under Our control. We neither assume nor accept responsibility or
liability for the content of third party sites. The inclusion of a link to another
site on Our Site is for information only and does not imply any endorsement of the
sites themselves or of those in control of them.
7.1 Nothing on Our Site constitutes advice on which you should rely. It is provided
for general information purposes only.
7.2 Insofar as is permitted by law, We make no representation, warranty, or
guarantee that Our Site will meet your requirements, that it will not infringe
the rights of third parties, that it will be compatible with all software and
hardware, or that it will be secure.
7.3 We make reasonable efforts to ensure that the Content on Our Site is
complete, accurate, and up-to-date. We do not, however, make any
representations, warranties or guarantees (whether express or implied) that the
Content is complete, accurate, or up-to-date.
8.1 To the fullest extent permissible by law, We accept no liability to any user for
any loss or damage, whether foreseeable or otherwise, in contract, tort (including
negligence), for breach of statutory duty, or otherwise, arising out of or in
connection with the use of (or inability to use) Our Site or the use of or reliance
upon any Content included on Our Site.
8.2 To the fullest extent permissible by law, We exclude all representations,
warranties, and guarantees (whether express or implied) that may apply to Our
Site or any Content included on Our Site.
8.3 If you are a business user, We accept no liability for loss of profits,
sales, business or revenue; loss of business opportunity, goodwill or
reputation; loss of anticipated savings; business interruption; or for any
indirect or consequential loss or damage.
8.4 We exercise all reasonable skill and care to ensure that Our Site is free
from viruses and other malware. We accept no liability for any loss or damage
resulting from a virus or other malware, a distributed denial of service attack,
or other harmful material or event that may adversely affect your hardware,
software, data or other material that occurs as a result of your use of Our Site
(including the downloading of any Content from it) or any other site referred to
on Our Site.
8.5 We neither assume nor accept responsibility or liability arising out of any
disruption or non-availability of Our Site resulting from external causes
including, but not limited to, ISP equipment failure, host equipment failure,
communications network failure, natural events, acts of war, or legal
restrictions and censorship.
8.6 Nothing in these Terms and Conditions excludes or restricts Our liability
for fraud or fraudulent misrepresentation, for death or personal injury
resulting from negligence, or for any other forms of liability which cannot be
excluded or restricted by law. For full details of consumers’ legal rights,
including those relating to digital content, please contact your local Citizens’
Advice Bureau or Trading Standards Office.
9.1 We exercise all reasonable skill and care to ensure that Our Site is secure and
free from viruses and other malware.
9.2 You are responsible for protecting your hardware, software, data and other
material from viruses, malware, and other internet security risks.
9.3 You must not deliberately introduce viruses or other malware, or any other
material which is malicious or technologically harmful either to or via Our
Site.
9.4 You must not attempt to gain unauthorised access to any part of Our Site,
the server on which Our Site is stored, or any other server, computer, or
database connected to Our Site.
9.5 You must not attack Our Site by means of a denial of service attack, a
distributed denial of service attack, or by any other means.
9.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing
a criminal offence under the Computer Misuse Act 1990. Any and all such breaches
will be reported to the relevant law enforcement authorities and We will
cooperate fully with those authorities by disclosing your identity to them. Your
right to use Our Site will cease immediately in the event of such a breach.
10.1 You may only use Our Site in a manner that is lawful. Specifically:
10.1.1 you must ensure that you comply fully with any and all local, national or
international laws and/or regulations;
10.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or
fraudulent;
10.1.3 you must not use Our Site to knowingly send, upload, or in any other way
transmit data that contains any form of virus or other malware, or any other code
designed to adversely affect computer hardware, software, or data of any kind;
and
10.1.4 you must not use Our Site in any way, or for any purpose, that is intended to
harm any person or persons in any way.
10.2 We reserve the right to suspend or terminate your access to Our Site if you
materially breach the provisions of this Clause 10 or any of the other provisions of
these Terms and Conditions. Specifically, We may take one or more of the following
actions:
10.2.1 suspend, whether temporarily or permanently, your right to access Our
Site;
10.2.2 issue you with a written warning;
10.2.3 take legal proceedings against you for reimbursement of any and all relevant
costs on an indemnity basis resulting from your breach;
10.2.4 take further legal action against you as appropriate;
10.2.5 disclose such information to law enforcement authorities as required or as We
deem reasonably necessary; and/or
10.2.6 any other actions which We deem reasonably appropriate (and lawful).
10.3 We hereby exclude any and all liability arising out of any actions (including,
but not limited to those set out above) that We may take in response to breaches of
these Terms and Conditions.
11.1 Our Site may place and access certain first party Cookies on your computer or
device. First party Cookies are those placed directly by Us and are used only by Us.
We use Cookies to facilitate and improve your experience of Our Site and to provide
and improve Our products and services. We have carefully chosen these Cookies and
have taken steps to ensure that your privacy and Personal Data is protected and
respected at all times.
11.2 By using Our Site, you may also receive certain third party Cookies on your
computer or device. Third party Cookies are those placed by websites, services,
and/or parties other than Us. Third party Cookies are used on Our Site for
marketing services. For more details, please refer to section 11.3.5 below.
11.3 All Cookies used by and on Our Site are used in accordance with current
Cookie Law. We may use some or all of the following types of Cookie:
11.3.1 Strictly Necessary Cookies – A Cookie falls into this category if it is
essential to the operation of Our Site, supporting functions such as logging in,
your shopping basket, and payment transactions.
11.3.2 Analytics Cookies – It is important for Us to understand how you use Our
Site, for example, how efficiently you are able to navigate around it, and what
features you use. Analytics Cookies enable us to gather this information,
helping Us to improve Our Site and your experience of it.
11.3.3 Functionality Cookies – Functionality Cookies enable Us to provide
additional functions to you on Our Site such as personalisation and remembering
your saved preferences. Some functionality Cookies may also be strictly
necessary Cookies, but not all necessarily fall into that category.
11.3.4 Targeting Cookies – It is important for Us to know when and how often you
visit Our Site, and which parts of it you have used (including which pages you
have visited and which links you have visited). As with analytics Cookies, this
information helps us to better understand you and, in turn, to make Our Site and
advertising more relevant to your interests. Some information gathered by
targeting Cookies may also be shared with third parties.
11.3.5 Third Party Cookies – Third party Cookies are not placed by Us; instead,
they are placed by third parties that provide services to Us and/or to you.
Third party Cookies may be used by advertising services to serve up tailored
advertising to you on Our Site, or by third parties providing analytics services
to Us (these Cookies will work in the same way as analytics Cookies described
above).
11.3.6 Persistent Cookies – Any of the above types of Cookie may be a persistent
Cookie. Persistent Cookies are those which remain on your computer or device for
a predetermined period and are activated each time you visit Our Site.
11.3.7 Session Cookies – Any of the above types of Cookie may be a session
Cookie. Session Cookies are temporary and only remain on your computer or device
from the point at which you visit Our Site until you close your browser. Session
Cookies are deleted when you close your browser.
11.4 Cookies on Our Site are not permanent and will expire after 30 days.
11.5 For more details of the Personal Data that We collect and use, the measures
we have in place to protect Personal Data, your legal rights, and our legal
obligations, please refer to our Privacy Policy here.
11.6 For more specific details of the Cookies that We use, please refer to the
table below.
12.1 Before Cookies are placed on your computer or device, you will be shown a pop up
requesting your consent to set those Cookies. By giving your consent to the placing
of Cookies you are enabling Us to provide the best possible experience and service
to you. You may, if you wish, deny consent to the placing of Cookies unless those
Cookies are strictly necessary; however certain features of Our Site may not
function fully or as intended. You will be given the opportunity to allow and/or
deny different categories of Cookie that We use.
12.2 In addition to the controls that We provide, you can choose to enable or
disable Cookies in your internet browser. Most internet browsers also enable you
to choose whether you wish to disable all Cookies or only third party Cookies.
By default, most internet browsers accept Cookies but this can be changed. For
further details, please consult the help menu in your internet browser or the
documentation that came with your device.
12.3 The links below provide instructions on how to control Cookies in all
mainstream browsers:
12.3.1 Google Chrome:
https://support.google.com/chrome/answer/95647?hl=en-GB
12.3.2 Microsoft Internet Explorer:
https://support.microsoft.com/en-us/kb/278835
12.3.3 Microsoft Edge:
https://support.microsoft.com/en-gb/products/microsoft-edge (Please note that
there are no specific instructions at this time, but Microsoft support will be
able to assist)
12.3.4 Safari (macOS):
https://support.apple.com/kb/PH21411?viewlocale=en_GB&locale=en_GB
12.3.5 Safari (iOS): https://support.apple.com/en-gb/HT201265
12.3.6 Mozilla Firefox:
https://support.mozilla.org/en-US/kb/enable-and-disable-Cookies-website-preferences
12.3.7 Android:
https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DAndroid&hl=en
(Please refer to your device’s documentation for manufacturers’ own browsers)
13.1 We may alter this Cookie Policy at any time. Any such changes will become
binding on you on your first use of Our Site after the changes have been made. You
are therefore advised to check this page from time to time.
13.2 In the event of any conflict between the current version of this Cookie
Policy and any previous version(s), the provisions current and in effect shall
prevail unless it is expressly stated otherwise.
Our Site may place and access certain first-party Cookies on your computer or device.
First-party Cookies are those placed directly by us and are used only by us. We use
Cookies to facilitate and improve your experience of Our Site and to provide and
improve our products and services. By using Our Site you may also receive certain
third-party Cookies on your computer or device. Third-party Cookies are those placed
by websites, services, and/or parties other than us. Third-party Cookies are used on
Our Site for marketing services. In addition, Our Site uses analytics services
provided by Google, which also use Cookies. Website analytics refers to a set of
tools used to collect and analyse usage statistics, enabling us me to better
understand how people use Our Site.
15.1 If you would like to know more about data protection or how we use Cookies,
please contact us at hello@32squaredprotect.co.uk
16.1 We may alter these Terms and Conditions at any time. Any such changes will
become binding on you upon your first use of Our Site after the changes have been
implemented. You are therefore advised to check this page from time to time.
16.2 In the event of any conflict between the current version of these Terms and
Conditions and any previous version(s), the provisions current and in effect
shall prevail unless it is expressly stated otherwise.
17.1 Any and all Personal Data that We may collect will be collected, used and held
in accordance with the provisions of the GDPR and your rights and Our obligations
under the same.
17.2 We may use your Personal Data to:
17.2.1 Reply to any communications you send to us;
17.3 For more information on our Data Protection Policy, please refer to the
Data Protection Privacy Notice here here.
18.1 These Terms and Conditions, and the relationship between you and Us (whether
contractual or otherwise) shall be governed by and construed in accordance with the
laws of England and Wales.
18.3 If you are a consumer, any dispute, controversy, proceedings or claim
between you and Us relating to these Terms and Conditions, or the relationship
between you and Us (whether contractual or otherwise) shall be subject to the
jurisdiction of the courts of England and Wales.
18.4 If you are a business, any disputes concerning these Terms and Conditions,
the relationship between you and Us, or any matters arising therefrom or
associated therewith (whether contractual or otherwise) shall be subject to the
exclusive jurisdiction of the courts of England and Wales.