Clarity VM System Portal Conditions of Use

1. The following terms shall have the following meanings:
   1. ‘Authorised machine’ - computer or software in Your Equipment and Software that has been configured to use the Services through Portal and to which a User ID has been allocated.
   2. 'Authorised person' – a person who has been authorised by You to use the Services through Your Equipment and Software.
   3. 'Conditions of Use' – the terms and conditions set out here.
   4. 'Data' – the data and information used in connection with the Services and held as part of the Database (including data added to the Database by using the Services).
   5. 'Database' – CWT database on which is stored the Data, together with other data which You are not entitled to access.
   6. 'Equipment and Software' – the equipment and software which You are required to have in order to access the Services and which is capable of communicating with the System.
   7. 'CWT' – Clarity Workforce Technology Limited whose registered office is Unit 3 La Gare, 51 Surrey Row, London, England, SE1 0BZ (Company No. 02273072)
   8. ‘Portal’ – CWT web infrastructure and/or interface providing a point of access to CWT and the Services.
   9. 'Services' – those services available from time to time to a person through the System.
   10. 'System' – CWT computer systems and website including the Portal.
   11. 'UserID'– a UserID, UserIDs, logon names, PIN, passwords or other measures allocated to an Authorised person or an Authorised machine from time to time by or on behalf of CWT to enable access to and use of the Services.
   12. 'You, Your' – the company or other corporate body, firm, partnership, or other organisation, or other person who uses the System to access the Services and Data.
2. References to specific enactments or rules include reference to those enactments or rules as amended, re-enacted or replaced from time to time.

1. You shall ensure that You have the Equipment and Software to obtain access to the System so that You are able to use the Services. For the avoidance of doubt, CWT shall not have obligations or liability in respect of any defect or failure of the Equipment and or Software or access to the System.
2. Access to the System shall be effected via the internet or such other electronic means of access or communication as may be reasonably required by CWT from time to time.
3. Your connection to the Portal is subject to You complying and continuing to comply with the requirements leading to the issue of an Secure Socket Layer Certificate.
4. CWT may at any time require You to disconnect the Equipment and Software or any part or parts thereof from accessing the System if in the opinion of CWT the Equipment and Software is or has been the cause or contributory factor or is likely to be the cause of failures, interruptions, errors or defects in the System or the Database.
5. You shall ensure that:
   1. Your Equipment and Software is used in such a manner as will not adversely affect or corrupt the System software or any other software which may be used by CWT or used in the System or any information on the Database, and
   2. Your Equipment and Software is not used to access or retrieve any data which You are not entitled to access.
6. CWT may at any time:
   1. suspend access to the System for the purposes of repair, maintenance or support of or changes to the System, or if there is or it he believes there to be, any fault in the System or in the delivery of the Services and/or
   2. change the specification for the Equipment and Software or for access to the System.

1. You shall not:
   1. use the System or permit it to be used in any way that causes the System or access to it to be interrupted, damaged or impaired in any way
   2. use or attempt to use or permit the use of any automated software agents (including without limitation, any screen scraper, spider or other web crawler) to access the System or to search, copy, monitor, display or obtain links to any part of the System, other than an automated programme authorised by CWT
   3. use the System or permit it to be used to copy the Data and information for display on any other website unless otherwise permitted
   4. attempt to rectify or permit any person (not authorised by CWT) to rectify any fault or inaccuracy in the Data, System or Database
   5. otherwise tamper with or attempt to make any deletions, additions, adjustments or alterations to any of the System, Services or Database
   6. allow access to the System and/or use of the Services via Your Equipment and Software other than by an Authorised person or Authorised machine
   7. use the Data and information to represent to the public that You have an arrangement or official partnership with CWT in relation to either the use of the Data and or information or the supply of it
   8. use the System or permit it to be used for any deceitful, fraudulent or other unlawful purpose or activity or in anyway which is likely to breach any applicable local, national or international law or regulation, or
   9. infringe the CWT’ copyright or other intellectual property rights or those of any other person in the Data, System or Database.
   10. reproduce, duplicate, copy or re-sell any part of the Portal.
2. You will comply with all of Your obligations under applicable Data Protection legislation in respect of the management and processing of any personal data comprised in the Data, and will not process the whole or any part of such personal data, except in compliance with such legislation.
3. You will retain, for a period of at least 7 years, full and accurate records of Services requested through Your Portal connection by Authorised persons who have not used a User ID to obtain such Services. You shall give CWT access to such records as he may reasonably request for the purpose of investigating individual Services requests and compliance with these Conditions of Use.

1. You shall ensure that
   1. each Authorised person:
      1. uses their individual UserID, where this has been allocated to them, and
      2. has been properly trained to use the Equipment and/or Software to obtain the Services, and
   2. where an Authorised machine is used to obtain access to Services
      1. the individual ID allocated to the Authorised machine is used, and
      2. the Authorised machine has been properly configured to obtain the Services.
2. You shall not allow:
   1. simultaneous access to the System using the same login,
   2. the transfer or sharing of a UserID and password,
   3. another person to access the Services via a UserID of an Authorised person who has left You, and/or
   4. unauthorised connection to Portal by means of Your Secure Sockets Layer Authentication Certificate.
3. You shall notify CWT immediately:
   1. if a UserID, and/or password:
      1. becomes known or accessible to an unauthorised person, or
      2. is no longer to be used by the person to whom or the Authorised machine to which it was allocated.
4. On becoming aware of any unauthorised use of or access to the System or use of the Services or other breach You shall take reasonable steps to ensure that such use or activity ceases and prevent a recurrence of it.
5. If a UserID has not been used to gain access to the System for a period of six months, CWT may cancel that UserID without giving prior notice to You.

1. If You or any authorised person do not comply with these Conditions of Use or any of them, CWT may at any time take such action as is necessary including suspending and or cancelling one or more including all the UserIDs. CWT reserves the right to cancel Your UserIDs at any time if he has reason to suspect use of the system for fraudulent or other unlawful purpose or activity.
2. CWT may monitor Your use of the Services to verify that You are complying with the requirements of these Conditions of Use and are not accessing and using the Data and information for purposes prohibited by clause 3.
3. You agree to indemnify and to keep CWT indemnified for and against any costs, claims, demands, expenses, actions, proceedings, losses and liabilities arising from or which is directly or indirectly related to your access to and/or use of the Portal.

1. Unfortunately, the transmission of information via the internet is not completely secure. Although CWT will endeavour to protect any personal data contained within information that we collect from you, or that you provide to us, it cannot guarantee the security of such personal data during its transmission to the Portal. Accordingly, any transmission is at your own risk.
2. So far as permitted by law, neither CWT nor any third party shall be liable for any loss or damage, direct, indirect or consequential, arising from any interruption temporary or otherwise in the availability of the System, accessibility of the Services or Data, loss or damage to Equipment and Software or non-configuration of Data.

1. CWT may collect information about You and each Authorised person and may use and process that information:
   1. to enable it to ensure that You are using the System in an appropriate manner
   2. to be used for reporting and statistical purposes, and
   3. for any other appropriate purpose or use including sharing information with government departments and agencies or enforcement agencies.
2. Information that CWT collects from you, or that you provide to us, may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for CWT or for one of our service providers. By accessing our site, you agree to this transfer, storing or processing.

   For further details of CWT use of information please see its privacy statement.

The Portal may contain links that will lead to websites that are not under the control of CWT. CWT accepts no liability in respect of accessing materials, products or services available on any website which is not under the control of CWT. CWT is providing these links to you only as a convenience, and inclusion of any link does not imply endorsement by CWT.

1. CWT reserves the right to change any or all of the Conditions of Use at any time by posting revisions on the site, in each case with effect from the date on which the amendment is posted on the website. You should check the website from time to time to review the then current terms and conditions. Your continued use of the website will be deemed to indicate your acceptance of the amended terms and conditions
2. These conditions are to be governed and construed according to English law. Any dispute arising under them will be subject to the jurisdiction of the courts of England and Wales.