Terms of use

These terms inform you of the rules for using our website and include guidance on what you can do with our content and what you can do with material that you post or upload.  These terms apply to anyone who accesses our site through your internet connection. 

1. Where to find terms that may apply to you

The following documents contain terms that will apply to you. Click on the links below to go straight to more information on each area:

1.1. These Website Terms of Use

1.2. Our Privacy Policy.

1.3. Our Cookies Policy.

1.4. Our Terms and Conditions.

2. General information

The websites www.hemsleyfraser.co.uk and www.hemsleyfraser.com are owned and operated by Hemsley Fraser Group Limited (“Hemsley Fraser”, “us”, “we” and “our”) a company incorporated in the United Kingdom with Company Registration Number 02638042 and having its registered office at St James Court, 74-94 Fore Street, Saltash, Plymouth, PL12 6JW. We are registered with the Information Commissioner’s Office (ICO) under registration number Z5610077.

3. By using our site you accept these terms

Please read these terms before using our site.  By using our site you agree to these terms.

4. Our site is only for users in the UK

We only build our site with users in the UK in mind.  We can’t promise that our site or any content on it will work or be available in other countries.  If you do access this site from outside of the UK, you must ensure that any content complies with any local laws or regulations.  

5. Public and Private Areas

Our website has public and private areas. The private or client area is only for our clients who have opened a learner portal account with us and have access through our client portal. 

6. You must keep your account details safe

6.1. Information you send over the internet is never completely secure.  We will do our best to protect your personal data but we cannot guarantee the security of your data transmitted to our site. 

6.2. If you have a username or client identification code, a password or anything else you use to securely access the site, you must treat it as confidential and not disclose it to anyone else.

6.3. If you have not kept your details safe we may suspend or close your account.  

6.4. If you know or suspect that anyone other than you knows your username, client identification code or password, you must tell us straight away by emailing compliance@hemsleyfraser.co.uk

7. Using material on our site

7.1. All of the names, logos, trademarks, copyright and all other intellectual property rights in all of the material and software on this website are protected by law and are either owned by Hemsley Fraser or used with the permission of their owner.  This means that, except for viewing the material or using the software, you cannot copy, adapt, upload, link to, frame, distributed or transmit it in anyway without our written consent.

7.2. You may print off one copy and may download extracts, of any page(s) from our site for your personal use (no commercial use is allowed without a license) and you can show others within your organisation the content posted on our site.

7.3. If you print or download anything from our site you are not allowed to change the content or the layout of it in any way.  

7.4. You must always acknowledge the owner of the copyright. 

7.5. If you breach any of these terms of use, we will stop you from using our site immediately and we may ask you to return or destroy any copies of materials you have made.

8. Do not rely on the information on this site

8.1. Hemsley Fraser takes care to ensure that the information provided on our website is accurate when we publish it but we do not use our website to give you advice and you should always seek a professional opinion before acting on anything you have seen on our site.  We make no guarantees about whether any of our content is accurate or complete and will not be liable for any loss or damage caused by the use of any part of our site.

8.2. We may change the information on the website and these terms at any time without telling you.  If you continue to use the site we will assume you agree to these new terms.  Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. 

9. We are not responsible for websites we link to

Our website may contain links to websites operated by other parties. We cannot control the content or accuracy of the information on other sites and we cannot be liable for their content or operation. 

10. Rules about linking to our site

10.1. You may only link to our home page if it does not damage or take advantage of our reputation and is fair and legal. 

10.2. You must not use a link to suggest any association, approval or endorsement on our part where none exists.

10.3. You must not link our site to a website that is not owned by you.

10.4. Our site must not be framed on any other site.

10.5. We can withdraw linking permission without notice.

10.6. Any website you link our site to must comply with all of the content standards set out this policy.

11. User-generated content is not approved by us

11.1. This website may include information and materials uploaded by other users of the site, including to discussion boards, chat rooms and other social media functions on the site. 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.

11.2. If you want to make a complaint about information and materials uploaded by other users please contact us at the following address: compliance@hemsleyfraser.co.uk

12. We may suspend or withdraw our site

12.1. Our site is made available free of charge.

12.2. Our site, or any content on it, may not be available at all times.  At certain times we may have to suspend, withdraw or restrict access to the whole site or parts of it.   We will try to give you reasonable notice of any suspension or withdrawal.

13. Prohibited uses

13.1. Our site must only be used for lawful purposes. You must not use our site:

13.1.1. To breach any applicable local, national or international law or regulation.

13.1.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

13.1.3. To harm or attempt to harm minors in any way.

13.1.4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards, see clause 15 below.

13.1.5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material (spam). 

13.1.6. To 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 the operation of any computer software or hardware.

13.2. You also agree:

13.2.1. Not to access without authority, interfere with, damage or disrupt:

13.2.1.1. any part of our site;

13.2.1.2. any equipment or network on which our site is stored; 

13.2.1.3. any software used in the provision of our site; or 

13.2.1.4. any equipment or network or software owned or used by any third party.

14. 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 in spirit as well as to the letter with the following Content Standards and Hemsley Fraser will determine, in its discretion, whether a breach of the Content Standards has occurred: 

14.1. The content of any uploaded contribution must:

14.1.1. Be accurate (where it states facts) and be genuinely held (where it states opinions).

14.1.2. Comply with the laws of England and Wales and in any country from which it is posted.

14.2. The content of any contribution you make must not:

14.2.1. Be defamatory, obscene, offensive, hateful or inflammatory.

14.2.2. Be of a violent or sexual nature or promote any illegal activity.   

14.2.3. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

14.2.4. Infringe any copyright, database right or trademark of any other person.

14.2.5. Be likely to deceive any person.

14.2.6. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence or privacy.

14.2.7. Be in contempt of court.

14.2.8. Be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

14.2.9. Be likely to harass, upset, embarrass, alarm or annoy any other person.

14.2.10. Impersonate any person, or misrepresent your identity or affiliation with any person.

14.2.11. Give the impression that the Contribution emanates from Hemsley Fraser if this is not the case.

14.2.12. Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

14.2.13. Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or another inducement to the commission, preparation or instigation of acts of terrorism.

14.2.14. Contain any advertising or promote any services or web links to other sites.

14.3. You warrant that any such contribution does comply with those standards, and you will be 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.

14.4. 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 an irrevocable licence to use, store and copy that content and to distribute and make it available to third parties.

14.5. 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.

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

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

15. Breach of this policy

A breach of this policy may result in our taking all or any of the following actions:

15.1. Immediate, temporary or permanent withdrawal of your right to use our site.

15.2. Immediate, temporary or permanent removal of any contribution uploaded by you to our site.

15.3. Issue of a warning to you.

15.4. 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.

15.5. Further legal action against you.

15.6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

15.7. We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

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

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

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

16.3. 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.

17. Limit of Liability

17.1. 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.

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

17.3. 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:

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

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

17.4. In particular, we will not be liable for:

17.4.1. loss of profits, sales, business, or revenue;

17.4.2. business interruption;

17.4.3. loss of anticipated savings;

17.4.4. loss of business opportunity, goodwill or reputation; or

17.4.5. any indirect or consequential loss or damage.

17.5. If defective digital content that we have supplied, 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, at our option and to the maximum extent permitted by law, resupply this website or any part of it to you, or pay for the resupply of this website or any part of it to you.  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 or to have in place the minimum system requirements advised by us.

18. Notices

We may send notices to the email address you have provided to us. It is your responsibility to ensure that you notify us of any change to your email address. Any notice sent by Hemsley Fraser to your email address shall be deemed to have been delivered at the time of sending.

19. Indemnity

You will indemnify, defend and hold Hemsley Fraser, its directors, officers, employees and agents harmless from any losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs that Hemsley Fraser, its directors, officers, employees and agents may suffer or that may be made by a third party resulting from or arising out of your use of the website, materials or software, whether in breach of these terms, any other agreement Hemsley Fraser has with you or otherwise.

20. Termination

We reserve the right to terminate your use of this website at any time in the event that we decide in our sole discretion that you have breached these terms and agreements or any other legal notice or statement contained within the website.

21. Severability

The invalidity or unenforceability for any reason of any provision of these terms and agreements shall not prejudice or affect the validity or enforceability of its other provisions.

22. Which country's laws apply to any disputes?

These terms and agreements are governed by the law in force in England, and the parties irrevocably submit to the exclusive jurisdiction of the English courts for the determination of any dispute concerning these terms and agreements.

Last updated: 20/04/20