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Website Terms and Conditions

Who we are and how to contact us 

 

www.prosperolbs.com is a site operated by Prospero Legal and Business Solutions Limited ("We"). We are registered in England and Wales under company number: 15524618 and have our registered office at: 312 Derby Street, Bolton, BL3 6LF. We are a limited company. 

 

To contact us, please email: info@prosperolbs.com 

 

By using our site you accept these terms 

 

By using our site, you confirm that you accept these terms of use 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 retain a copy of these terms for future reference. 

 

There are other terms that may apply to you 

 

These terms of use refer to the following additional terms, which also apply to your use of our site: 

 

Our website Privacy Policy (see link on website).   

We may make changes to these terms 

 

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.  

 

We may make changes to our site 

 

We may update and change our site from time to time.  

 

We may suspend or withdraw our site 

 

Our site is made available free of charge. 

 

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.  

 

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. 

 

We may transfer this agreement to someone else 

 

We may transfer our rights and obligations under these terms to another organisation. We will endeavour to tell you in writing if this happens and we anticipate that the transfer will not affect your rights under the contract. 

 

Our site is only for users in the UK 

 

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations. 

 

You must keep your account details safe 

 

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. 

 

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. 

 

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at: info@prosperolbs.com 

 

How you may use material on our site 

 

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 

 

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. 

 

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. 

 

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated). 

 

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. 

 

If you print off, copy, download, share or repost 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. 

 

No text or data mining, or web scraping 

 

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of): 

 

Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same. 

Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations. 

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). 

 

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us. 

 

Do not rely on information on this site 

 

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. 

 

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date. 

 

We are not responsible for websites we link to 

 

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. 

 

We have no control over the contents of those sites or resources. 

 

User-generated content is not approved by us 

 

This website may include information and materials uploaded by other users of the site, including to social media pages, video-sharing sites, bulletin boards and chat rooms. 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. 

 

How to complain about or report content 

 

If you become aware of any material that is illegal or could comprise or be connected to child sexual abuse or exploitation or could comprise terrorist content or be connected to terrorism, please contact us immediately on: info@prosperolbs.com 

 

If you wish to complain about any other content, please contact us on: info@prosperolbs.com 

 

Our responsibility for loss or damage suffered by you 

 

Whether you are a consumer or a business user: 

 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. 

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions applicable to that supply. 

If you are a business user: 

 

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. 

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 

use of, or inability to use, our site; or 

use of or reliance on any content displayed on our site. 

In particular, we will not be liable for: 

loss of profits, sales, business, or revenue; 

business interruption; 

loss of anticipated savings; 

loss of business opportunity, goodwill or reputation; or 

any indirect or consequential loss or damage. 

If you are a consumer user: 

 

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

If defective digital content that we have supplied, materially damages a device or digital content belonging to you and this is directly caused by our sole failure to use reasonable care and skill, we may 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, reasonable steps or to have in place the minimum system requirements. 

How we may use your personal information 

 

We will use your personal information as set out in our website Privacy Policy.  

 

Uploading content to our site 

 

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 any applicable content standards we advise you of.  

 

You warrant that any such contribution does comply with those standards, and you are 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. 

 

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 set out in the section below “Rights you are giving us to use material you upload”. 

 

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. 

 

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with any applicable content standards we have set. 

 

If you wish to contact us in relation to content you have uploaded to our site and that we have taken down, please contact us at: info@prosperolbs.com 

 

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

 

You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence. 

 

Your rights to claim against us if we restrict access to your content 

 

If we restrict access to any content you upload to our service in a way that breaches these terms of service, you may have a right to bring a claim against us for breach of contract. 

 

We will suspend your service if you frequently upload illegal content 

 

If you frequently upload material that is clearly illegal, we may suspend your access to our service for a reasonable period of time. We will endeavour to warn you in advance if we plan to suspend you. When deciding whether to suspend you, we will consider: 

how many items of clearly illegal content you have uploaded within a given time frame in terms of the volume of other content uploaded by other users during that time; 

the gravity of the misuse, including the nature of the illegal content and its consequences (potential or otherwise); 

where possible to identify, your intention in posting the material. 

If you frequently submit notices or complaints that are clearly unfounded, we may suspend the processing of any further notices or complaints from you for a reasonable period of time. We will endeavour to warn you in advance if we propose to suspend processing of your notices or complaints. When deciding whether to suspend you, we will consider: 

how many items of clearly unfounded notices or complaints you submitted within a given time frame in terms of the volume of other notices or complaints submitted by other users during that time; 

the gravity of the misuse; and 

where possible to identify, your intention in submitting the notices or complaints. 

Your rights to claim against us if we suspend or ban your use of our service 

 

If we suspend or ban you from using our service in a way that breaches these terms of service, you may have a right to bring a claim against us for breach of contract. 

 

Rights you are giving us to use material you upload 

 

When you upload or post content to our site, you grant us the following rights to use that content: 

 

a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service forever.   

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

 

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

 

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

 

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. 

 

Rules about linking to our site 

 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 

 

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

 

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

 

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. 

 

We reserve the right to withdraw linking permission without notice. 

 

The website in which you are linking must comply in all respects with any content standards we set.  

 

If you wish to link to or make any use of content on our site other than that set out above, please contact us at: info@prosperolbs.com 

 

Which country's laws apply to any disputes? 

 

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. 

 

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales. 

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