The contents of www.banyards.co.uk (http://www.banyards.co.uk/) (“the website”) is protected by copyright vested in Banyard Consultants Ltd, herein known as Banyards. Reproduction of part or all of “the website” is prohibited other than in accordance with this Notice. All rights are reserved.
2. Acceptance of terms
Your access to and use of “the Website” is provided by Banyards and any Services referred to in Clause 3, is subject exclusively to these Terms and Conditions. You will not use the Website or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website or Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website and Services.
2.1 Banyards reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website or Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2.2 Banyards try to ensure 24 hour access to this Website but will not be liable to you if for any reason any part of the website is unavailable at any time. We may suspend your access to the Website temporarily or permanently for any reason and without notice to you.
3. The Services
The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities ( “the Services”) designed to enable you to communicate with others. Unless otherwise stated the Services are for Banyard’s Employees only.
We are committed to responsible data management and subscribe to the principles of the data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties.
4.1 We use a technology called “cookies” as part of our normal business procedure to track patterns of behaviour of visitors to the “Website”. A cookie is an element of data that the “Website” sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings. For more information on cookies visit www.aboutcookies.org (http://www.aboutcookies.org/). Please note that where you have chosen not to accept cookies onto your browser you may experience limited functionality from the website.
5. Acceptable use
You acknowledge that all information, text, graphics, logo’s, photographs, images, sound, illustrations and other materials (“the Content”), are the responsibility of Banyards or of the person from whom such Content originated. We cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the services you may be exposed to Content that is offensive and/or indecent. Banyards will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
5.1 In using the Website or Services you agree not to:
5.1.1 Use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
5.1.2 Post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
5.1.3 Post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race religion, disability, nationality or otherwise;
5.1.4 Threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
5.1.5 Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
5.1.6 Make available or upload files that contain a virus, worm, Trojan, or corrupt data that may damage the operation of the computer or property of another;
5.1.7 Collect or store personal information about others, including email addresses;
5.1.8 Advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
5.1.9 Impersonate any person or entity for the purpose of misleading others;
5.1.10 Violate any applicable laws or regulations;
5.1.11 Use the Website or Services in any manner that could damage, disable, overburden or impair the Website or Services or interfere with any party’s use and enjoyment of the Website or Services
5.1.12 Post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships ( such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
5.1.13 Attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website or Services through hacking, password mining or any other means.
6. Links to Third Party Websites
The Website and Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Banyards is not responsible for the content or availability of any such sites. You may create links to the Website but must not frame the website on any other site nor may you create a link to any part of the Website other than the home page without our prior written consent.
7. International Use
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside ( if different) and with all local laws and rules regarding acceptable use of and conduct on the internet.
8. Intellectual Property Rights
The Website and its content ( including without limitation copyright and trade marks, the Website design, text, graphics and all software and source codes connected with the Website and the Services) are owned by Banyards and unless otherwise stated your use of them is limited as set out below.
8.1 Except where otherwise stated, you are permitted to display the pages of the Website on your computer screen and print out a reasonable number of unmodified copies of any of the pages of the Website for your own, non-commercial use. You may not change or delete any author attribution, trademark, legend or copyright notice, and by printing or displaying the Website you do not acquire any rights in it.
You agree to indemnify and hold Banyards harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against any company in Banyards by any third party arising out of your use of the Services and/or any content submitted, posted or transmitted through the Services, including without limitation, for all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by any company in Banyards in consequence of your breach of these Terms and Conditions.
10. Disclaimers and Limitations of Liability
Use of the Website and Services is at your own risk. The Website and Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security, timeliness comprehensiveness and accuracy.
10.1 To the extent permitted by law the any company in Banyards will not be liable for any indirect or consequential loss or damage whatsoever ( including without limitation, loss of business, opportunity, data or profits) arising out of or in connection with the use of the Website or Services.
10.2 Banyards make no representation that the functionality of the Website and Services will be uninterrupted and error free, that defects will be corrected or that the Website and Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
10.3 Any e-mail (including any attachments) is confidential and intended solely for the use of the addressee. It may also contain privileged information. If you are not the intended recipient, then you have been sent and received the e-mail in error. Any use, reliance on, dissemination, printing, forwarding or copying of an e-mail and/or its attachments received in error is strictly prohibited.
If you have received an e-mail in error then please notify us by replying to the original e-mail at the e-mail address it was sent from. Please also delete the e-mail from your computer.
Any views or opinions presented in an e-mail are solely those of the author and do not necessarily represent those of Banyards unless specifically stated.
Banyards cannot accept any liability for the accuracy or completeness of any e-mail sent as e-mails are transmitted over a public network and Internet communications are not secure. Any e-mail sent is not intended nor should it be taken to create legal relations, contractual or otherwise. If verification is required please telephone the sender of the e-mail.
Banyards believe that all e-mails (including any attachments) sent are free from any virus or similar defect and all e-mails are scanned before they are sent. However, it is the responsibility of the recipient of any e-mail to ensure that it is virus free. Banyards do not accept any responsibility for any loss or damage resulting from the recipient receiving, opening or using an email.
10.4 Should a user submit a virus that can be traced, Banyards or any of its members retain the right to seek damages for any interruption to the site and/or our IT systems and for any claims made against us of any kind whatsoever. Banyards endeavour to ensure that this site is virus free, but shall not be liable for any damage to, or viruses that may affect any hardware, software, data or other property resulting from your access to or use of this Website or your downloading any material from it.
10.5 Banyards do not warrant that this Website will be compatible with any hardware or software that you may use. Except for any death or personal injury resulting from their negligence (in respect of which liability shall not be limited), Banyards shall not be liable for any damages or losses (including , without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use or inability to use this Website, or any material contained in it, or from any action or decision taken as a result of using the Website or any such material.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
12. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts.