WEBSITE TERMS OF USE

 

Who We Are And How To Contact Us

Eartotheground.agency is a site operated by Ear To The Ground (UK) Limited (“We”). We are registered in England and Wales under company number 04790481 and have our registered office at First Floor Dale House, 35 Dale Street, Manchester, England, M1 2HF. Our VAT number is 816574708. We are a limited company.

To contact us, please email manchester@eartotheground.org [2] .

 

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 print 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 Privacy Policy [INSERT LINK TO PRIVACY POLICY].  See further under How we may use your personal information below.
  • Our Cookie Policy [INSERT LINK TO COOKIE POLICY], which sets out information about the cookies on our site.

 

We May Make Changes To These Terms

We 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. These terms were most recently updated on 1st June 2022

 

We May Make Changes To Our Site

We may update and change our site from time to time to reflect changes to our business priorities.

 

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. We will try to give you reasonable notice of any suspension or withdrawal.

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 always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

 

Our Site Is Primarily For Users In The UK

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

 

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.

 

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.

This site and its content are primarily targeted to, and intended for use by, individuals located in the United Kingdom (Permitted Territory). By continuing to access, view or make use of this site, you hereby warrant and represent to us that you are located in a Permitted Territory. If you are not located in a Permitted Territory, you must immediately discontinue use of this Website.

 

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.

 

Our Responsibility For Loss Or Damage Suffered By You

Whether You Are An Individual 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 services to you or in relation to any other relationship (contractual to otherwise) into which we may enter with you, which will be set out in other relevant contractual documentation.

 

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 An Individual User:

  • 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 you have accessed through our site 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.

 

How We May Use Your Personal Information

We will only use your personal information as set out in our PRIVACY POLICY

 

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 only link to our home page with our written permission and 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.

If you wish to link to or make any use of content on our site, please contact manchester@eartotheground.org

 

Which Country’s Laws Apply To Any Disputes?

If you are an individual user, 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.

 

Our Trade Marks Are Registered

“Fan Intelligence” is a UK registered trade mark of Ear To The Ground Limited under registration number UK00003230741. You are not permitted to use our trade marks without our approval, unless they are part of material which you are using as permitted under the section “How You May Use Material On Our Site” above.