Please note that your use of our site means that you accept, and agree to abide by, these terms.
We recommend that you print a copy of these terms for future reference.
1 Information about us and how to contact us
1.1 This site is operated by us. We are Ellaby Chamberlain Limited, a limited company registered in England and Wales under company number 13826422. Our registered office is at 85 Great Portland Street, London W1W 7LT.
1.2 You may contact us:
1.2.1 by phone on +44(0)7311 868 683;
1.2.2 by email at info@ellabychamberlain.com; or
1.2.3 by post at our registered office address set out above.
2 By using our site you accept these terms
2.1 These terms tell you the rules for using our site.
2.2 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.
2.3 We may amend these terms from time to time. Every time you enter our site, you are expected to check this document to take notice of any changes we make and ensure you understand the terms that apply at that time. Each time you enter our site, you agree that our terms current at that time shall apply to you. Please check back frequently to see any updates or changes to these terms.
2.4 We are based in the UK and our site is governed by English Law. If you access our site from other jurisdictions there may be additional provisions of local law which apply to your use.
2.5 We do not represent that content on or accessible via our site is appropriate for use or available in certain locations.
2.6 Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on our site from time to time.
2.7 We may transfer our rights and obligations under these terms to another organisation.
3 These are the terms that may apply to you
3.1 Our Recruitment Privacy Notice and Website Privacy Notice apply to your use of our site. These set out the terms on which we process any personal data we collect from you or that you provide to us. We will only use your personal information as set out in our Privacy Notices.
4 We may make changes to, suspend or withdraw our site
4.1 Access to our site is made available to you free of charge.
4.2 We may update and change our site from time to time; for example, to improve performance, address security issues, our users' needs and/or our business priorities. We will try to give you reasonable notice of any major changes.
4.3 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. We will try to give you reasonable notice of any suspension or withdrawal.
4.4 You are 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.
5 How you may use material on our site
5.1 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.
5.2 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.
5.3 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.
5.4 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).
5.5 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.
5.6 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.
6 No text or data mining, or web scraping
6.1 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):
6.1.1 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.
6.1.2 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.
6.2 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).
6.3 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.
7 Do not rely on information on this site
7.1 Our site and all available content is provided for general information purposes only. Our site does not offer advice or information on which you should rely. You must obtain professional or specialist advice before taking or refraining from, any action on the basis of information obtained from our site.
7.2 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.
8 We are not responsible for websites we link to
8.1 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.
8.2 We have no control over the contents of those sites or resources.
9 Our responsibility for loss or damage suffered by you
9.1 We do not exclude or limit in any way our liability to you for:
9.1.1 death or personal injury caused by our negligence;
9.1.2 fraud or fraudulent misrepresentation; or
9.1.3 any liability which cannot be excluded by law.
9.2 Subject to provision 9.1, we are not liable for any business losses. Unless agreed with us in advance in writing, you agree not to use our site for any commercial or business purposes. If you use our site for any commercial or business purpose, we will have no liability to you for:
9.2.1 indirect or consequential losses incurred by you arising out of or in connection with your use of the site or any content published on it or accessed from it; or
9.2.2 any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity, whether such losses are direct or indirect, howsoever caused.
9.3 Without prejudice to the foregoing, to the extent that we are liable for any losses arising out of your use of the site, you agree that such liability lies solely with Ellaby Chamberlain Limited and you will have no claim against individual officers and staff.
9.4 Subject to provisions 9.1, 9.2 and 9.3, our aggregate liability to you for any loss arising under or in connection with your use of the site, and whether arising in contract, tort (including negligence), breach of statutory duty or otherwise shall in no circumstances exceed the amount of £1.
9.5 We provide access to the site free of charge. By using the site you acknowledge and agree that the limitation at clause 9.3 is reasonable and fair.
10 We are not responsible for viruses and you must not introduce them
10.1 We do not guarantee that our site will be secure or free from bugs or viruses.
10.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
10.3 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.
11 Rules about linking to our site
11.1 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.
11.2 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.
11.3 You must not establish a link to our site in any website that is not owned by you.
11.4 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.
11.5 We reserve the right to withdraw linking permission without notice.
11.6 The website in which you are linking must comply in all respects with the content standards set out in these terms.
11.7 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 details above.
12 Prohibited uses of our site
12.1 You shall not use our site:
12.1.1 in any way that breaches any applicable local, national or international law or regulation;
12.1.2 in any way that is unlawful, malicious or fraudulent, or has any unlawful, malicious or fraudulent purpose or effect;
12.1.3 for the purpose of harming or attempting to harm minors or vulnerable people in any way;
12.1.4 to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of our site;
12.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
12.1.6 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 our operation and/or security or any computer software or hardware; or
12.1.7 to infringe our intellectual property rights or those of any third party.
12.2 You also agree not to access without authority, interfere with, damage or disrupt:
12.2.1 any part of our site;
12.2.2 any equipment or network on which our site is stored;
12.2.3 any software used in the provision of our site; or
12.2.4 any equipment or network or software owned or used by any third party.
12.3 You are not permitted to use the name "Ellaby Chamberlain" without our consent, unless this is part of material you are using as permitted under How you may use material on our site.
13 Suspension and termination
13.1 We will determine, in our discretion, whether there has been a breach of these terms through your use of our site. When we determine that a breach of these terms has occurred, we may take such action as we deem appropriate.
13.2 Failure to comply with these terms constitutes a material breach of the terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
13.2.1 immediately, temporarily or permanently, withdrawing your right to use our site and any content;
13.2.2 issuing a warning to you;
13.2.3 commencing 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;
13.2.4 taking further legal action against you; or
13.2.5 disclosing such information to law enforcement authorities as we reasonably feel is necessary.
13.3 We exclude liability for actions taken in response to breaches of these terms. The responses described in these terms are not limited and we may take any other action we reasonably deem appropriate.
14 Third party rights
14.1 These terms do not and are not intended to provide any person who is not a party to these terms with any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15 Severance
15.1 If any part, clause, provision or condition of these terms is held to be void, illegal or unenforceable, such part, clause, provision or condition shall be severed and shall not render invalid the remainder of these terms.
16 Which country's laws apply to any disputes?
16.1 These terms, their subject matter and formation are governed by the law of England and Wales.
16.2 If you are a consumer, 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.
16.3 If you are a business or professional, you and we both agree to the exclusive jurisdiction of the courts of England and Wales.
