Terms of Use

Introduction

www.weareratchet.com is a site operated by RATCHET (“We”); we are a limited company registered in England and Wales under registration number 8918660. The term ‘you’ refers to the user or viewer of our website.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use in full, which together with our privacy policy govern Ratchet’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy and Cookies Policy.

Intellectual property rights

RATCHET is a UK registered trademark of RATCHET Limited.

We are the owner or the licensee of all copyright/trademark and other intellectual property rights in our website and in the material published on it. Those works are protected by copyright laws and treaties around the world.

All the copyright/trademark and other intellectual property rights in our website and the material on our website are reserved.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below).

We will not be liable if for any reason our site is unavailable at any time or for any period.

All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime. We will accordingly not be liable if for any reason our site is unavailable at any time or for any period.

Where possible we always try to give advance warning of maintenance issues that may result in Website down time, but we shall not be obliged to provide such notice.

Licence to use website

You may for your personal reference, and to draw the attention of others within your organisation to material posted on our site:

View pages from our website in a web browser,
Download pages from our website for caching in a web browser,
Stream audio and video files from our website,
Print pages from our website for your personal reference.

You must not edit or otherwise 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.

Unless you own or control the relevant rights in the material, you must not:

Republish material from our website (including republication on another website),
Sell, rent or sub-license material from our website,
Show any material from our website in public,
Exploit material from our website for a commercial purpose; or
Redistribute material from our website.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. If you print off, copy or download 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. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Acceptable use

You must not:

Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website,
Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity,
Misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful,
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,
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. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it,
Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software,
Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent,
Access or otherwise interact with our website using any robot, spider or other automated means,
Violate the directives set out in the robots.txt file for our website,
Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing),
Use data collected from our website to contact individuals, companies or other persons or entities.

You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete, and non-misleading.

Links to and from other websites

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information. Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing,
You do not misrepresent your relationship with this website; and
The website from which you link to RATCHET website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

By linking to our website in breach of this clause, you shall indemnify us for any loss or damage suffered to this website as a result of such linking.

Limited Warranties & Disclaimer

The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such. Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and ,or up to date. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. If the need arises, we may suspend access to our site, or close it indefinitely. We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.

Loss of income or revenue,
Loss of business,
Loss of profits or contracts,
Loss of anticipated savings,
Loss of data,
Loss of goodwill,
Wasted management or office time; and
For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Limitations and exclusions of liability

Nothing in these terms and conditions will:

Limit or exclude any liability for death or personal injury resulting from negligence,
Limit or exclude any liability for fraud or fraudulent misrepresentation,
Limit any liabilities in any way that is not permitted under applicable law; or
Exclude any liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:

Are subject to the first (above) paragraph of this section ‘Limitations and Exclusions of Liability’; and
Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty,
To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature,
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control,
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, data, commercial opportunities, goodwill or wasted management or office time; and
We will not be liable to you in respect of any loss or corruption of any data, database, or software,
We will not be liable to you in respect of any special, indirect or consequential loss or damage,
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

Send you one or more formal warnings,
Temporarily suspend your access to our website,
Permanently prohibit you from accessing our website,
Block computers using your IP address from accessing our website,
Contact any or all your internet service providers and request that they block your access to our website,
Commence legal action against you, whether for breach of contract or otherwise; and/or
Suspend or delete your account (when applicable) on our website.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Variation

We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party. The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

Entire agreement

Subject to Section ‘Limitations and exclusions of liability’, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

Jurisdiction and applicable law

These terms of use are governed by English law. Any dispute arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

Our details

This website is owned and operated by RATCHET Limited.

We are registered in England and Wales under registration number 8918660 and our registered office is at CHASDAN, Castle House, Castle Street, Guildford, Surrey, GU1 3UW. Our principal place of business is at 11 Europoint Centre, 5-11 Lavington Street, London, SE1 0NZ.