Terms and Conditions

Background

This Agreement applies between you, the User of this Web Site and Mensura Limited, the owner of this web site.  Your agreement to comply and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site.  If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

Definitions and Interpretation

1. In this Agreement the following terms shall mean:

  • "Content" - means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
  • "Mensura" - means Mensura Limited, 71-75 Shelton Street, London WC2H 9JQ, registered in England and Wales No: 14499011;
  • "Service" - means collectively and online facilities, tools or services or information that Mensura makes available through the Web Site either now or in the future;
  • "System" - means any online communications infrastructure that Mensura makes available through the Web Site either now or in the future.  This includes, but is not limited to, web based email, message boards, live chat facilities and email links;
  • "User / Users" - means any third party that accesses the Web Site and is not employed by Mensura and acting in the course of their employment; and
  • "Web SIte" - means the website you are currently using (http://www.mensura.co.uk) and any subdomains of this site unless expressly excluded by their own terms and conditions.

Intellectual Property

2.1 All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Mensura, our affiliates or relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by United Kingdom and International intellectual property and other relevant laws.
2.2 Subject to clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Mensura.
2.3 Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright and Patents Act 1988 apply.

Links to Other Web Sites

3. This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of Mensura or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all form so loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply endorsement of the sites themselves or of those in control of them.

Links to this Web Site

4. Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site (www.mensura.co.uk) without prior permission.  Deep linking (i.e., links to specific pages within the site) requires express permission of Mensura unless there is a paragraph link button available.  To find out more please contact us using our Contact Form.

Privacy

5.1 For the purposes of applicable data protection legislation, Mensura will process and personal data you have provided to it in accordance with its Privacy Policy.

5.2 You agree that, if you have provided Mensura with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer of such personal data to Mensura and (2) that you have brought to the attention of any such third party the Privacy Policy available on Mensura's Web SIte or otherwise provided a copy of it to the third party.  You agree to indemnify Mensura in relation to all any any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

Disclaimers

6.1 Mensura makes no warranty or representation that this Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.  We make no guarantee of any specific results from the use of this Web Site.

6.2 No part of this Web Site is intended to constitute advice and the content of this Web Site should not be relied upon when making decisions or taking action of any kind.

6.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.  No products and/or services are sold through this Web Site and product and/or service details are provided for information only.  See: Web Site Terms and Conditions of Sale.

6.4 Whilst every effort has been made to ensure that all graphical representations of products and/or descriptions of services available from Mensura correspond to the actual products and/or services, Mensura is not responsible for any variations from these descriptions.

6.5 Mensura does not represent or warrant that such products and/or services will be available from our premises.  For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products and/or services.  Any such enquiry does not give rise to any express or implied warranty that the products and/or services forming the subject matter of your enquiry will be available upon your arrival at our premises.

6.6 All pricing information on the Web Site is correct at the time of going online.  Mensura reserves the right to change prices and alter or remove any special offers from time to time as necessary.  All pricing information is reviewed and updated every 12 months.

Availability of the Web Site

7. The Service is provided "as is" and on an "as available" basis.  We give no warranty that the Service will be free of defects and/or faults.  To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.  Mensura accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Limitation of Liability

8.1 To the maximum extent permitted by law, Mensura accepts no liability for any direct or indirect loss or damage, forseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information  contained therein.  Users should be aware that they use the Web Site and its Content at their own risk.

8.2 Nothing in these terms and conditions excludes or restricts Mensura's liability for death or personal injury resulting from any negligence or fraud on the part of Mensura.

8.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract terms Act 1977.  However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall only apply within jurisdictions where a particular term is illegal.

No Waiver

9. In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

10. In the event of any conflict between these terms and conditions and any prior versions thereof, the provisions of these terms and conditions shall prevail unless it is expressly stated otherwise.  

Notices

11. All notices / communications shall be given to us either by post to our registered address at 71-75 Shelton Street, London WC2H 9JQ or by using our Contact page.  Such notice will be deemed received 3 days after posting by first class post, the day of sending if the contact page message is received on a full business day and on the next business day if the contact message is sent on a weekend or public holiday.

Law and Jurisdiction

12. These terms and conditions and the relationship between you and Mensura shall be governed by and construed in accordance with the law of England and Wales and Mensura and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.


These Terms and Conditions are applicable from 1 January 2023 amended 1 January 2025 (v1.2).