USE OF THIS WEB SITE
Date of Issue: September 2003
Please read the following terms and conditions carefully before continuing to use this Site.
Swithenbanks is a trading division of BFS Group Limited (Company No.239718)
Registered in England and Wales with its registered office at Buckingham Court, Kingsmead Business Park, London Road, High Wycombe, Bucks HP11 1JU.
This Site is provided free of charge for your convenience. In consideration for this we require that you agree to the following terms ('the Terms') for use of the Site. By accessing the Site you are agreeing to the terms that appear below, together with any specific terms set out on individual pages within the Site. If you have any questions, please contact Customer Services on 01494 555917.
These Terms (including any amendments made byus) will continue in force until such time as they are terminated. For details of how to terminate, please see below.
This Site is not intended to be accessed or used by users in countries other than the UK and no representation or warranty is made as to whether the information available in this Site complies with the regulatory regimes of other countries.
If either 3663 or you wish to terminate the agreement between us this can be done by sending an e-mail by us to your e-mail address and by you to email@example.com or by post by us to your usual address and by you to our registered office as given above. Notices will be deemed to have been served one hour after transmission by e-mail and 3 working days after despatch by post. You are responsible for notifying 3663 of any change to your e-mail address and where provided to us, your postal address.
Any breach of these Terms shall entitle 3663 immediately to terminate the service to you without notice. If you would like us to let you know our reasons for terminating the agreement between us, please contact us at firstname.lastname@example.org.
Unless otherwise stated, any intellectual property rights arising in respect of this Site's design, text, graphics, its selection and arrangement, software and all other material on or in this Site (the 'Content') belong to 3663 and/or its licensors. Any use of such intellectual property rights or software or any reproduction of the Content is strictly prohibited except where expressly allowed under these Terms.
Permission is hereby granted electronically to copy and store (but not on any server or other storage device connected to a network) and print individual pages of the Content on paper (but not photocopy them) from this Site only for the purpose of making use of our services. You may also permit your computer to make an electronically stored, transient copy of the Content for the purpose of viewing it while connected to the Internet only. However you may only make one copy of the Content. Any other use of the Content, including reproduction for purposes other than that hereby authorised (including the removal of copyright or trade mark notices), creation of an electronic or manual database by systematically downloading and storing the Content, distribution (whether electronically or not) or republication is prohibited.
Any requests for permission to use the Content in a manner otherwise than permitted by these Terms should be addressed to email@example.com or to the following address:- Marketing Manager, 3663, Buckingham Court, Kingsmead Business Park, London Road, High Wycombe, Bucks HP11 1JU.
For the avoidance of doubt, this permission does not transfer ownership to you or confer any other right on you in the whole or any part of the Content.
The name and logo of 3663 are trade marks of 3663. You are not permitted to use or reproduce or allow anyone else to use or reproduce these trade marks for any reason.
ADVERTISEMENTS AND SPONSORSHIP
This Site may contain material, including advertising and sponsorship, which originates from third parties. Those third parties are responsible for that material. It is the responsibility of such advertisers, sponsors and other third parties to ensure that such material complies with all relevant laws and regulations and 3663 accepts no liability in relation to such materials. 3663 provides such advertising and sponsorship for your convenience only and does not necessarily endorse the content of those advertisements and/or sponsorship. Nor is 3663 in any way responsible for any transaction conducted between you and any third party who is advertised/provided sponsorship on the Site. Any transactions which you conduct with them is conducted at your own risk.
We provide hyperlinks from our site to web sites of third parties. Please note that we have no control over and are not responsible for the content of linked web sites and accordingly make no warranty or representation as to their contents. 3663 provides these links for your convenience only but does not necessarily endorse the material on those web sites nor are we in any way responsible for any transaction conducted between you and any such third parties to whose web site we provide a link. You proceed to these web sites at your own risk.
You may only use the Site for lawful purposes. You must not illegally transmit, distribute or store any material or violate any applicable regulation. This includes, without limitation, material which is protected by copyright, trade mark, trade secret or intellectual property right which you use without permission.
You may not circumvent or attempt to circumvent 3663's security systems by 'cracking', 'hacking' or otherwise.
In the interests of all our users, 3663 will co-operate with investigations by any law enforcement or relevant authorities of suspected criminal activity or violation of systems or network.
It is your responsibility to make sure that information which we hold about you is up to date and accurate. Failure to do so will be a breach of these Terms.
We will do our best to ensure that the Site is what we believe to be relevant, up to date and as interesting as possible and we accordingly reserve the right, at our discretion, to make changes to any part of this Site.
DISCLAIMER OF WARRANTY AND LIABILITY
3663 makes no express or implied warranty or representation:
• as to the accuracy, completeness, fitness for any particular purpose or currency of the information accessible via this Site and we request that wherever possible, you verify data which is available on the Site with an independent source;
• that the Content is free from viruses or anything else that has contaminating or destructive properties including where such viruses or other programmes result in loss of or corruption to your data or other property; or
• as to the operation, quality, functionality or accessibility of the Site.
Whilst we will do our best to maintain the operation of the Site in accordance with this agreement, we will not be responsible for the computer equipment and telephone services which you use to access the Site. Please also note that the Site will on occasion be unavailable because of maintenance and repair works which we carry out on the Site. We will make reasonable efforts to ensure that downtime for maintenance and repair works is kept to a minimum.
No other warranties, conditions, undertakings, representations, terms or other liabilities whether express or implied, statutory or otherwise (if any) arising out of or in connection with the use of (or inability to use) the Site or any material on the Site or any action or decision taken as a result of using the Site or any material on it are given.
We will only be liable for any loss or damage which you suffer from your use of the Site which results directly from our breach of this agreement or from our negligence and which loss or damage was foreseeable (i.e. it was obvious) to you and us at the time of entering into this agreement and where your use of this Site is for business purposes we will not be liable for any loss of business, profits, contracts, goodwill and/or any other economic loss.
We will not be liable for the content of any third party websites or the actions or omissions of their proprietors nor for the contents of third party advertisements and sponsorship which may appear on the Site.
Any liability of 3663 shall be limited in respect of any one incident or a series of two or more connected incidents to an amount equal to £10,000.
Any claim for loss or damage caused by us which you wish to make must be notified to us as soon as practicable after the loss or damage is discovered.
In the event of any claim against us by a third party resulting from use of the Site by you, you will be responsible for all of our losses, damages and reasonable costs and expenses. In the event of a third party claim against us, you agree that you will:
• give us full authority to conduct the matter, including as to defending or settling the matter; and
• give us all reasonable assistance which we require from you in relation to the matter.
The above exclusions and limitations shall not, however, operate so as to limit the liability of 3663 in respect of death or personal injury arising from the negligence of 3663 or that of its employees, agents or sub-contractors.
Except as expressly stated, nothing in these Terms will reduce your statutory rights relating to the manner in which we perform this Agreement.
CHOICE OF LAW AND JURISDICTION
These Terms shall be governed by, and construed in accordance with, English law. We both agree, for the exclusive benefit of 3663, that the Courts of England shall have the exclusive jurisdiction to determine any disputes which may arise out of, under, or in connection with this Agreement; save that, it is agreed that this clause confers jurisdiction for the benefit of 3663 only and 3663 shall reserve the right to bring proceedings against you in the Courts of any other country, which has jurisdiction.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
Headings in these Terms are for convenience only and will have no legal meaning or effect.
These Terms cannot be varied except in writing by a director of 3663. Nothing said by any employee or agent of 3663 will be capable of varying these Terms.
Please read these Terms carefully before agreeing to them. If you are uncertain as to your rights under them or if you have any queries or comments about them, please contact us at firstname.lastname@example.org or by telephone on 01494 555917, or seek independent legal advice.