top of page

Terms of Service

​

These Terms of Service govern your use of the website located at https://www.clear-factory.com and any related services provided by Clear Factory, a company registered in the United Kingdom with the company number 15263688.

​

By accessing https://www.clear-factory.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Clear Factory.

​

We, Clear Factory, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

​

These Terms of Service were last updated on 6 April 2024.

​

Description of Service

​

Clear Factory offers a platform that includes advanced tools and algorithms for networking, information exchange, and business management, specifically tailored for the textile industry. Our subscribers can showcase their products, initiate business connections, and access market intelligence. We continuously evolve our services to better meet the needs of our clients, whether they are suppliers or buyers in the fashion industry.

​

Limitations of Use

​

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

  • modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;

  • remove any copyright or other proprietary notations from any materials and software on this website;

  • transfer the materials to another person or "mirror" the materials on any other server;

  • knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Clear Factory provides;

  • use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

  • use this website or its associated services in violation of any applicable laws or regulations;

  • use this website in conjunction with sending unauthorised advertising or spam;

  • harvest, collect, or gather user data without the user’s consent; or

  • use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

 

Intellectual Property

​

All content on Clear Factory's website, including texts, graphics, logos, and images, is protected under copyright and trademark laws and is either owned by or licensed to us. We grant our users a non-exclusive licence to download and use these materials for personal, non-commercial purposes, highlighting that this licence does not imply a transfer of title.

​

Clothing brands are invited to submit their project details through our platform, including the type of garments they wish to create (e.g., jeans, t-shirts), their budget, and specific design requirements. This process is designed to facilitate the matching of brands with suitable suppliers who can meet their production needs. By submitting these details, brands grant Clear Factory a temporary, non-exclusive licence to use, process, and share the provided information solely for the purpose of sourcing potential suppliers. It is crucial that submitters understand that they retain full intellectual property rights over their designs and specifications submitted to us.

​

To ensure the protection of this sensitive IP, Clear Factory commits to maintaining the confidentiality of all submissions. Details are shared with potential suppliers only under stringent conditions that preserve the confidentiality and integrity of the intellectual property. This commitment extends to the safeguarding of submissions throughout the matchmaking and quotation process.

​

Upon submission, brands implicitly agree to the terms outlined herein, granting informed consent for Clear Factory to process and share their information according to the described terms. Brands are responsible for ensuring that their submissions do not infringe upon third-party intellectual property rights and agree to indemnify Clear Factory against any claims of such infringement.

​

The rights granted to use the website materials and the submission of project details can be terminated by Clear Factory if these terms are violated.

 

Data Provider Responsibilities

​

Suppliers and data providers using Clear Factory's platform are responsible for ensuring the accuracy, legality, and timeliness of the data they provide. Suppliers must comply with all applicable laws and regulations in their data submissions, including intellectual property rights and privacy laws. Suppliers must promptly update any data they provide to reflect any changes or developments. Any data submitted to Clear Factory should not infringe upon the rights of third parties or contain harmful or prohibited content. Violation of these responsibilities may lead to termination of the supplier's access to Clear Factory's services and legal action, where necessary, to protect the interests of Clear Factory and its stakeholders.

 

Registration and Payments

​

In order to use our services you need to create an account. Any information provided needs to be accurate and updated if necessary. Customers are liable for maintaining their accounts and are fully responsible for all activities occurring under their accounts. Should anybody gain unauthorised access to your account, you need to notify us immediately. Clear Factory is not liable for any loss or damage arising from failure to maintain the confidentiality of your account. When creating your account you are required to provide your financial information relevant to the chosen payment method, in some cases, you may be requested to provide your credit card details.

 

Subscription Details

​

Clear Factory provides various subscription options. Details of our pricing policy can be found on our website. Subscribers are required to provide accurate and up-to-date information during registration, especially concerning their intent to buy or sell through our platform. Our pricing, including any applicable taxes, is communicated upfront, and subscribers are responsible for all local taxes except VAT payable in the United Kingdom.

 

Member Responsibilities

​

Members of Clear Factory can leverage various platform functionalities depending on their subscription plan. This includes using chat functions, matching algorithms, and bookmarking features. Information shared on member profiles and virtual showrooms is visible to other platform members and, in some cases, to non-members. Members are responsible for the agreements they enter into using our platform, and Clear Factory is not liable for the accuracy or fulfilment of such agreements.

​

Disclaimer and Limitations of Liability

​

The information and materials on the Clear Factory website are provided on an 'as is' basis. To the extent permitted by law, Clear Factory makes no warranties, express or implied, and hereby disclaims and negates all other warranties including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Clear Factory, its affiliates, and its suppliers shall not be liable for any consequential or indirect losses suffered or incurred by you or any third party arising from the use or inability to use this website or the materials provided on it. This includes, without limitation, any loss of profit, loss of business, loss of goodwill, loss of opportunity, loss or corruption of data, or any other loss, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Notwithstanding the foregoing, Clear Factory is fully liable for any damages caused by intentional misconduct or gross negligence. Our liability for slight negligence is limited to breaches of essential contractual obligations – those necessary for the fulfilment of the contract.

Additionally, we are not responsible for third-party services linked through our platform or the accuracy of information sourced from third parties. The limitations and exclusions of warranties and liability contained in these terms are subject to jurisdictional variations and may not apply if prohibited by law.

 

Accuracy of Materials

​

The materials appearing on our website are not comprehensive and are for general information purposes only. Clear Factory does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website. You should not rely solely on the said materials to make decisions, we advise you to consult other, more complete sources of information. You are solely responsible for the strict reliance on the materials posted on our website. We have the right to change the information on our website without prior notice and users are responsible to monitor said changes. Any historical information present on our website is provided for reference only.

​

Additional Tools

​

Please note that our website may include third-party tools which are outside of our control. The access to said tools is provided on an 'as is' basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our website. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Service. Clear Factory has the right to offer new third-party tools in the future.

​

Links

​

Clear Factory has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Clear Factory of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

​

Data Security

​

Member content must adhere to legal standards and respect third-party rights. Clear Factory employs industry-standard security measures to protect data, but members should be aware of the inherent risks in data transmission. We are committed to confidentiality, except where disclosure is legally mandated. Members are responsible for safeguarding their own business operations against any platform downtimes.

​

Inaccuracies and Mistakes

​

Please note that any content available on our website may contain typographical errors, inaccuracies, or mistakes related to the service’s description, pricing, promotion, and availability. We have the right to cancel or update any existing orders should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our website and service, including pricing information, except as required by law.

​

Indemnification

​

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the website; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the website with whom you connected via the website. 

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

​

Right to Terminate

​

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

​

Severance

​

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

​

Entire Agreement

​

These Terms of Service and any policies or operating rules posted by us on the website or with respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. 

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the website. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

​

Governing Law

​

These Terms of Service are governed by and construed in accordance with the laws of the United Kingdom. You irrevocably submit to the exclusive jurisdiction of the courts in that location.

​

Dispute Resolution

​

In the event of any disputes arising from or related to the use of Clear Factory's services, parties agree to first attempt to resolve the matter amicably through negotiation. If such negotiation fails, the dispute shall be submitted to binding arbitration, to be conducted in the United Kingdom. The decision of the arbitrator shall be final and binding on both parties. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its legal fees and costs. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction in the United Kingdom.

bottom of page