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Last updated: November 09, 2021
Please read this End-User License Agreement carefully before clicking the “I
Agree” button, downloading or using Mr and Mrs Clarke Network.
Interpretation and Definitions
==============================
Interpretation
————–
The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.
Definitions
———–
For the purposes of this End-User License Agreement:
* Agreement means this End-User License Agreement that forms the entire
agreement between You and the Company regarding the use of the
Application.
* Application means the software program provided by the Company downloaded
by You through an Application Store’s account to a Device, named Mr and
Mrs Clarke Network
* Application Store means the digital distribution service operated and
developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play
Store) by which the Application has been downloaded to your Device.
* Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
Agreement) refers to Mr & Mrs Clarke Ltd, Cliffe Hill House, 22-26
Nottingham Road, Stapleford, Nottingham NG9 8AA.
* Content refers to content such as text, images, or other information that
can be posted, uploaded, linked to or otherwise made available by You,
regardless of the form of that content.
* Country refers to: United Kingdom
* Device means any device that can access the Application such as a
computer, a cellphone or a digital tablet.
* Family Sharing / Family Group permits You to share applications downloaded
through the Application Store with other family members by allowing them
to view and download each others’ eligible Applications to their
associated Devices.
* Third-Party Services means any services or content (including data,
information, applications and other products services) provided by a
third-party that may be displayed, included or made available by the
Application.
* You means the individual accessing or using the Application or the
company, or other legal entity on behalf of which such individual is
accessing or using the Application, as applicable.
Acknowledgment
==============
By clicking the “I Agree” button, downloading or using the Application, You
are agreeing to be bound by the terms and conditions of this Agreement. If You
do not agree to the terms of this Agreement, do not click on the “I Agree”
button, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it governs
your use of the Application made available to You by the Company.
This Agreement is between You and the Company only and not with the
Application Store. Therefore, the Company is solely responsible for the
Application and its content. Although the Application Store is not a party to
this Agreement, it has the right to enforce it against You as a third party
beneficiary relating to your use of the Application.
Since the Application can be accessed and used by other users via, for
example, Family Sharing / Family Group or volume purchasing, the use of the
Application by those users is expressly subject to this Agreement.
The Application is licensed, not sold, to You by the Company for use strictly
in accordance with the terms of this Agreement.
License
=======
Scope of License
—————-
The Company grants You a revocable, non-exclusive, non-transferable, limited
license to download, install and use the Application strictly in accordance
with the terms of this Agreement.
You may only use the Application on a Device that You own or control and as
permitted by the Application Store’s terms and conditions.
The license that is granted to You by the Company is solely for your personal,
non-commercial purposes strictly in accordance with the terms of this
Agreement.
License Restrictions
——————–
You agree not to, and You will not permit others to:
* License, sell, rent, lease, assign, distribute, transmit, host, outsource,
disclose or otherwise commercially exploit the Application or make the
Application available to any third party.
* Modify, make derivative works of, disassemble, decrypt, reverse compile or
reverse engineer any part of the Application.
* Remove, alter or obscure any proprietary notice (including any notice of
copyright or trademark) of the Company or its affiliates, partners,
suppliers or the licensors of the Application.
Content
=======
Content Restrictions
——————–
The Company is not responsible for the entries, information or content of the
Application’s users. You expressly understand and agree that You are solely
responsible for the Content and for all activity that occurs under your
account, whether done so by You or any third person using your account.
You may not transmit any Content that is unlawful, offensive, upsetting,
intended to disgust, threatening, libelous, defamatory, obscene or otherwise
objectionable. Examples of such objectionable Content include, but are not
limited to, the following:
* Unlawful or promoting unlawful activity.
* Defamatory, discriminatory, or mean-spirited content, including references
or commentary about religion, race, sexual orientation, gender,
national/ethnic origin, or other targeted groups.
* Spam, machine generated content or randomly generated content,
constituting unauthorized or unsolicited advertising, chain letters, any
other form of unauthorized solicitation, or any form of lottery or
gambling.
* Containing or installing any viruses, worms, malware, trojan horses, or
other content that is designed or intended to disrupt, damage, or limit
the functioning of any software, hardware or telecommunications equipment
or to damage or obtain unauthorized access to any data or other
information of a third person.
* Infringing on any proprietary rights of any party, including patent,
trademark, trade secret, copyright, right of publicity or other rights.
* Impersonating any person or entity including the Company and its employees
or representatives.
* Violating the privacy of any third person.
* False information and features.
The Company reserves the right, but not the obligation, to, in its sole
discretion, determine whether or not any Content is appropriate and complies
with this Agreement, refuse or remove any Content. The Company further
reserves the right to make formatting and edits and change the manner any
Content. The Company can also limit or revoke the use of the Application if
You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties
on the Application, you agree to use the Application at your own risk. You
understand that by using the Application You may be exposed to content that
You may find offensive, indecent, incorrect or objectionable, and You agree
that under no circumstances will the Company be liable in any way for any
content, including any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of your use of any content.
Intellectual Property
=====================
The Application, including without limitation all copyrights, patents,
trademarks, trade secrets and other intellectual property rights are, and
shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to
any third party claim arising out of or relating to the Application. To the
extent the Company is required to provide indemnification by applicable law,
the Company, not the Application Store, shall be solely responsible for the
investigation, defense, settlement and discharge of any claim that the
Application or your use of it infringes any third party intellectual property
rights.
Your Suggestions
================
Any feedback, comments, ideas, improvements or suggestions provided by You to
the Company with respect to the Application shall remain the sole and
exclusive property of the Company.
The Company shall be free to use, copy, modify, publish, or redistribute the
Suggestions for any purpose and in any way without any credit or any
compensation to You.
Modifications to the Application
================================
The Company reserves the right to modify, suspend or discontinue, temporarily
or permanently, the Application or any service to which it connects, with or
without notice and without liability to You.
Updates to the Application
————————–
The Company may from time to time provide enhancements or improvements to the
features/functionality of the Application, which may include patches, bug
fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the
Application. You agree that the Company has no obligation to (i) provide any
Updates, or (ii) continue to provide or enable any particular features and/or
functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i)
deemed to constitute an integral part of the Application, and (ii) subject to
the terms and conditions of this Agreement.
Maintenance and Support
———————–
The Company does not provide any maintenance or support for the download and
use of the Application. To the extent that any maintenance or support is
required by applicable law, the Company, not the Application Store, shall be
obligated to furnish any such maintenance or support.
Third-Party Services
====================
The Application may display, include or make available third-party content
(including data, information, applications and other products services) or
provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any
Third-party Services, including their accuracy, completeness, timeliness,
validity, copyright compliance, legality, decency, quality or any other aspect
thereof. The Company does not assume and shall not have any liability or
responsibility to You or any other person or entity for any Third-party
Services.
You must comply with applicable Third parties’ Terms of agreement when using
the Application. Third-party Services and links thereto are provided solely as
a convenience to You and You access and use them entirely at your own risk and
subject to such third parties’ Terms and conditions.
Privacy Policy
==============
The Company collects, stores, maintains, and shares information about You in
accordance with Our Privacy Policy: <https://www.mrandmrsclarke.com/privacy-
policy/>
By accepting this Agreement, You acknowledge that You hereby agree and consent
to the terms and conditions of Our Privacy Policy.
Term and Termination
====================
This Agreement shall remain in effect until terminated by You or the Company.
The Company may, in its sole discretion, at any time and for any or no reason,
suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the
Company, in the event that you fail to comply with any provision of this
Agreement. You may also terminate this Agreement by deleting the Application
and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application
and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company’s rights or
remedies at law or in equity in case of breach by You (during the term of this
Agreement) of any of your obligations under the present Agreement.
Indemnification
===============
You agree to indemnify and hold the Company and its parents, subsidiaries,
affiliates, officers, employees, agents, partners and licensors (if any)
harmless from any claim or demand, including reasonable attorneys’ fees, due
to or arising out of your: (a) use of the Application; (b) violation of this
Agreement or any law or regulation; or (c) violation of any right of a third
party.
No Warranties
=============
The Application is provided to You “AS IS” and “AS AVAILABLE” and with all
faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law, the Company, on its own behalf and on behalf
of its affiliates and its and their respective licensors and service
providers, expressly disclaims all warranties, whether express, implied,
statutory or otherwise, with respect to the Application, including all implied
warranties of merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of dealing,
course of performance, usage or trade practice. Without limitation to the
foregoing, the Company provides no warranty or undertaking, and makes no
representation of any kind that the Application will meet your requirements,
achieve any intended results, be compatible or work with any other software,
applications, systems or services, operate without interruption, meet any
performance or reliability standards or be error free or that any errors or
defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Application, or the
information, content, and materials or products included thereon; (ii) that
the Application will be uninterrupted or error-free; (iii) as to the accuracy,
reliability, or currency of any information or content provided through the
Application; or (iv) that the Application, its servers, the content, or
e-mails sent from or on behalf of the Company are free of viruses, scripts,
trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some or all of
the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section shall be applied to
the greatest extent enforceable under applicable law. To the extent any
warranty exists under law that cannot be disclaimed, the Company, not the
Application Store, shall be solely responsible for such warranty.
Limitation of Liability
=======================
Notwithstanding any damages that You might incur, the entire liability of the
Company and any of its suppliers under any provision of this Agreement and
your exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You for the Application or through the Application or 100 USD
if You haven’t purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Application, third-party software and/or
third-party hardware used with the Application, or otherwise in connection
with any provision of this Agreement), even if the Company or any supplier has
been advised of the possibility of such damages and even if the remedy fails
of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may
not apply to You.
You expressly understand and agree that the Application Store, its
subsidiaries and affiliates, and its licensors shall not be liable to You
under any theory of liability for any direct, indirect, incidental, special
consequential or exemplary damages that may be incurred by You, including any
loss of data, whether or not the Application Store or its representatives have
been advised of or should have been aware of the possibility of any such
losses arising.
Severability and Waiver
=======================
Severability
————
If any provision of this Agreement is held to be unenforceable or invalid,
such provision will be changed and interpreted to accomplish the objectives of
such provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Waiver
——
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under this Agreement shall not effect a party’s
ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute a waiver of any
subsequent breach.
Product Claims
==============
The Company does not make any warranties concerning the Application. To the
extent You have any claim arising from or relating to your use of the
Application, the Company, not the Application Store, is responsible for
addressing any such claims, which may include, but not limited to: (i) any
product liability claims; (ii) any claim that the Application fails to conform
to any applicable legal or regulatory requirement; and (iii) any claim arising
under consumer protection, or similar legislation.
United States Legal Compliance
==============================
You represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been designated
by the United States government as a “terrorist supporting” country, and (ii)
You are not listed on any United States government list of prohibited or
restricted parties.
Changes to this Agreement
=========================
The Company reserves the right, at its sole discretion, to modify or replace
this Agreement at any time. If a revision is material we will provide at least
30 days’ notice prior to any new terms taking effect. What constitutes a
material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become
effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, You are no longer authorized to use the Application.
Governing Law
=============
The laws of the Country, excluding its conflicts of law rules, shall govern
this Agreement and your use of the Application. Your use of the Application
may also be subject to other local, state, national, or international laws.
Entire Agreement
================
The Agreement constitutes the entire agreement between You and the Company
regarding your use of the Application and supersedes all prior and
contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use
or purchase other Company’s services, which the Company will provide to You at
the time of such use or purchase.
Contact Us
==========
If you have any questions about this Agreement, You can contact Us:
* By email: contact@mrandmrsclarke.com
This privacy statement outlines how our website collects, processes, and stores personal data. This outlines how our website aims to comply with GDPR.
Our Data Protection Lead can be contacted at mrclarke@mrandmrsclarke.com We have produced this privacy notice in order to keep you informed of how we handle your personal data. All handling of your personal data is done in compliance with the General Data Protection Regulation (EU) 2016/679 (“Data Protection Legislation”).
When reading this notice, it might be helpful to understand that your rights arising under Data Protection Legislation include:
If we have collected your personal data directly from you for our own purposes, we are the Data Controller.
If we have purchased your personal data from a third-party for our own purposes, we are the Data Controller. Where we have purchased your personal data, we will contact you to let you know before we first start to use it, or, at the latest, within one month of acquiring it.
If we have been passed your personal data from a third-party for our own purposes, we are the Data Controller. We will contact you to let you know before we first start to use it, or, at the latest, within one month of acquiring it.
If we have been passed your personal data from a third-party for a joint purpose that we both influence, we are the joint Data Controller. We will contact you to let you know before we first start to use your data, or, at the latest, within one month of acquiring it.
If your data has been passed to us by a third party for processing under their instruction, that third party is the Data Controller. They should have notified you that they would be passing your personal data to us, Mr and Mrs Clarke Ltd., at the time they collected your data and within their own privacy notices/standards.
For a list of Data Controllers that we process personal data for, the section below ‘Third Party Interests’.
If we have received your personal data as part of a business to business relationship, the Data Controller is your employer.
Under Data Protection Legislation, there must be a ‘lawful basis’ for the use of personal data. The lawful bases are outlined in Article 6, Section 1 of the GDPR. They are sub-sections:
a) ‘your consent’;
b) ‘performance of a contract’;
c) ‘compliance with a legal obligation’;
d) ‘protection of your, or another’s vital interests’;
e) ‘public interest/official authority’; and
f) ‘our legitimate interests’.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
Contact Data includes billing address, delivery address, email address and telephone numbers.
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage Data includes information about how you use our website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
| Reference | What catergories of information about you do we process? | Why are we processing your data? | Where did we get your personal data from? |
| B2B Marketing | Identity Data Contact Data |
Direct marketing to former, current and prospective clients. This processing is conducted lawfully on the basis of ‘our legitimate interests’. | Directly obtained or by referral from existing clients/partners/suppliers. |
| Analytics | Technical DataUsage Data | To understand how you use our website, how you reached us and how long you spend on our website, in order to analyse our performance and improve our service. This processing is conducted lawfully on the basis of ‘our legitimate interests’. | Directly obtained or indirectly obtained through a client’s website (notice given at the point of collection). |
| Fraud Prevention | Identity Data Transaction Data |
To combat fraud, we share information of clients who instruct the payment issuer to cancel payments to us without first informing us of why and/or allowing us the opportunity to issue a refund with credit reference agencies. This processing is conducted lawfully on the basis of ‘protection of your, or another’s vital interests’. | Directly obtained or indirectly obtained through a client’s website (notice given at the point of collection). |
| Contact Submission | Identity Data Contact Data |
When you send us information about you by posting on a forum or blog, we will store this information in order to make it available for viewing on the website. You consent is obtained at the time of posting and via reference to this notice. This processing is conducted lawfully on the basis of ‘your consent’. | Directly obtained or indirectly obtained through a client’s website (notice given at the point of collection). |
| Phone Calls | Identity Data Contact Data |
We might record calls for training and/or auditing purposes. We also collect Calling Line Identification information. This is used to help improve the efficiency and accountability of our customer services. This processing is conducted lawfully on the basis of ‘our legitimate interests’. | Directly obtained. |
| Email and Web Contact | Identity Data Contact Data |
If you contact us through our website, a third party website such as Zoopla or Rightmove or by email, we will use the information you send in order to respond to your enquiry or complaint. This information will be kept in order to improve our service to you overall. This processing is conducted lawfully on the basis of ‘our legitimate interests’. | Directly obtained or indirectly obtained through a client’s website (notice given at the point of collection). |
| Consumer Marketing | Identity Data Contact Data Transactional Data Marketing and Communications Data |
If you make a purchase with us or provide us with your express consent to do so, we will add your contact information to our marketing list and send you information we think you might be interested in. This processing is conducted lawfully on the basis of ‘our legitimate interests’. | Directly obtained. |
This website uses cookies from Google Analytics. This is so we can understand how our website is being used. This data is anonymised and can not be used to identify you. You can find out more about Google’s privacy policy here. https://policies.google.com/privacy/update?hl=en
This website uses cookies from Intercom. This is so we can use the chat option on our site and answer any questions in real-time. This data is anonymised, but we will see any personal information you add into a chat with us, such as your name.
This website uses cookies from Hotjar. This is so we can better understand how our website is being used, what’s working, what isn’t, and how we can make things more relevant to our users. This data is anonymised and can not be used to identify you.
You can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use this website. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information.
The website uses the following cookies:
The information about you that we have collected for the performance of our contracts is required in order for us to successfully fulfil our obligations to you. If you choose not to provide the personal data requested, we will not be able to enter into a contract with you to provide the benefits we offer. If we are already processing your personal information under a contract, you must end our contractual relationship (as/where permitted) in order to exercise some of your rights.
We process some personal information as part of a contractual relationship with a Data Controller. Any requests to restrict this type of processing should be forwarded to the Data Controller; they will be responsible for discussing your concerns and making any decisions.
Legitimate interests are a flexible basis upon which the law permits the processing of an individual’s personal data. To determine whether we have a legitimate interest in processing your data, we balance the needs and benefits to us against the risks and benefits for you of us processing your data. This balancing is performed as objectively as possible by our Data Protection Lead. You are able to object to our processing and we shall consider the extent to which this affects whether we have a legitimate interest. If you would like to find out more about our legitimate interests, please contact us via mrclarke@mrandmrsclarke.com
Mr and Mrs Clarke Ltd. holds different categories of personal data for different periods of time. Wherever possible, we will endeavour to minimise the amount of personal data that we hold.
If ‘consent’ is the basis for our lawful processing of your data, we will retain your data so long as both the purpose for which it was collected, and your consent, are still valid. We review the status of your consent every twelve (12) months and treat non-response to our requests for renewal of consent as if they were your request to withdraw consent. Occasionally, we might identify a legitimate interest in retaining some of your personal data that has been obtained by consent. If we do, we will inform you that we intend to retain it under these conditions and identify the interest specifically.
If we process your data on the basis of ‘legitimate interests’, we will retain your data for so long as the purpose for which it is processed remains active. We review the status of our legitimate interests every twelve (12) months and will update this notice whenever we determine that either a legitimate interest no longer exists or that a new one has been found.
All categories of personal data that are held by us because they are essential for the performance of a contract, will be held for a period of six years, as determined by reference to the Limitations Act 1980, for the purposes of exercising or defending legal claims.
Mr and Mrs Clarke Ltd. passes your data to the third parties listed in the section ‘Third Party Interests’ below, for the purposes of providing our services to you, and for no other purpose.
Mr and Mrs Clarke Ltd. uses overseas web and IT providers. Details of what data is sent where, and the safeguards in place, are included in the section ‘Third Party Interests’ below.
Our Data Processors
| Name of Third Party | Purposes for Carrying out Processing |
| HMRC | Government Related Enquiries |
| ZPG | Property Web portal |
| Rightmove | Property Web portal |
| Mailchimp | Email Marketing |
| Gnomen | CRM System |
| Christian Eldershaw / Michael Lancaster Clark / Edward Holt / Michael Watkins | Partner |
| Paul Mellor / Ben Evans / Tom West / Dan Day / Tatiana Naayem / Vicky Floros | Partner |
| Kara Flynn / | Partner |
We take data security extremely seriously and employ the following methods to ensure it is protected:
We use SSL to encrypt all data transferred between you and us
We assess any third-party suppliers and systems to ensure they have a high-level of data protection in place
Our staff have undergone privacy and GDPR training
We ensure we are using the latest technologies and software to maintain security
If we identify a data breach we will assess the risk to rights and freedoms of those who’s data has been breached. If it is likely to have an affect on this we will inform the owner of the data and the ICO within 72 hours.
In addition to sending us your complaints directly to mrclarke@mrandmrsclarke.com, you can send complaints to our supervisory authority. As Mr and Mrs Clarke Ltd. predominantly handles the personal data of UK nationals, our supervisory authority is the Information Commissioner’s Office. If you believe that we have failed in our compliance with data protection legislation, complaints to this authority can be made by visiting https://ico.org.uk/concerns/ .
If you have any specific or privacy concerns you can contact us below: