Benefact Trust Website Terms of Use

This website (“Website”) is owned and operated by Benefact Trust Limited (here in after referred to as “the Trust”) which is a company registered in England and Wales (registered number 1043742) as a private company limited by guarantee not having a share capital. The Trust’s registered address is at Beaufort House, Brunswick Road, Gloucester GL1 1JZ UK. Benefact Trust is a registered charity (Reg. No. 263960) and is therefore regulated by the Charity Commission.

 

The terms “we”, “us”, “our” and “ours” when used in these Terms of Use means the Trust.

 

The terms “you”, “your” and “yours” when used in these Terms of Use mean any user of this website.

 

Access to and use of this Website and the information, materials, products and services available through this website are subject to all applicable laws and regulations and to these Terms of Use.

 

By accessing this Website, you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please exit this Website.

 

These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Website, and you should always review these Terms of Use prior to using the Website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Website. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.

 

ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEB SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

 

This website is a business and commercial site for the use of UK residents only. As such, it is not intended for children or minors.

 

Whilst we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

 

Unless otherwise indicated, this Website and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Website (“Elements”) are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of the Trust or are included with the permission of the rights owner and are protected pursuant to copyright and trademark laws.

 

The posting of any such Elements on this Website does not constitute a waiver of any right in such Elements. You do not acquire ownership rights to any such Elements viewed through this Website. Except as otherwise provided herein, none of these Elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

 

Permission is hereby granted to the extent necessary to lawfully access and use this Website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this website, provided you do not modify the Elements and that you retain any and all copyright and other proprietary notices contained in the Elements. This permission terminates automatically if you breach any of these Terms of Use.

 

The Trust logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are service marks, trademarks and/or trade dress of the Trust (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

 

Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

 

You are prohibited from posting or transmitting to or from the Website any material:

 

a. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

 

b. for which you have not obtained all necessary licences and/or approvals; or

 

c. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

 

d. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

 

You may not misuse the Website (including, without limitation, by hacking). We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above.

 

This Website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons (“third party website”). An advertisement of, or link to, a third party website does not mean that we approve, endorse or accept any responsibility for that third party website, its content or use, or the use of products and services made available through such third party website.

 

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such third party websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such third party websites.

 

Such third party websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about any websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

 

Persons providing access to this Website via any link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning the Trust.

 

Authorisation by us to link to this Website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this Website at any time and for any reason. We may also use technology that prevents so called "deep linking", spidering or web crawling, or at any time to prohibit any person from access to this Website or any part of it which we in our sole discretion consider is excessive or in any way harmful to the operation of this website, or to the Trust's business or reputation.

 

Anyone providing access to, or information relating to this Website, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

 

By agreeing to these Terms of Use, you acknowledge you have read and understood the terms of our Privacy Policy and that you agree with it.

 

With the exception of Personal Data, any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose as detailed in our Privacy Policy.

 

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

 

Notwithstanding the foregoing, all Personal Data provided to us as a result of this Website will be handled in accordance with our Privacy Policy.

 

THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THE TRUST, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL CONDITIONS, WARRANTIES AND OTHER TERMS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, THE TRUST, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU OR YOUR COMPANY AND THE TRUST, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS HEREBY DISCLAIM ALL CONDITIONS, WARRANTIES AND OTHER TERMS RELATING TO:

 

(A) DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THIS WEBSITE OR ANY PART OF IT;

(B) THE TRANSMISSION OR DELIVERY OF THIS WEBSITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION;

(C) THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THIS WEBSITE OR ANY INFORMATION PUBLISHED ON THIS WEBSITE; AND

(D) TO WEBSITES TO WHICH THIS WEBSITE IS LINKED.

 

The materials on this Website comprise the Trust’s views and are designed to provide general information only. Whilst every effort has been made to ensure that the information provided is accurate, it does not constitute legal or other professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any website with which it is linked.

 

Although every reasonable effort has been made to ensure that the information on this Website is accurate at the time of publication, visitors who use this Website and rely on any information do so at their own risk.

 

Some jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly some of the above disclaimers may not apply to you. We do not seek to exclude or limit liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law. Your statutory rights, if any, are not affected by these Terms of Use.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES, DAMAGES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.

 

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE TRUST, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED, SHALL NOT EXCEED £500. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Website or any of the information available through this Website including where such loss was caused directly or indirectly by:

 

a. Your access to or use of the Website; or

b. Any contributions made by you (or on your behalf) to the Website (including, without limitation, loss caused by a claim that your contribution infringes the intellectual property or other rights of any person).

 

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.

 

These Terms of Use contain the entire understanding between you and us with respect to this Website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

 

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use shall remain in full force and effect.

 

The Trust's failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by the Trust of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

 

The Website is controlled by the Trust from its offices within England. Access to, or use of, this Website or information, materials, products and/or services on this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website. We make no representation that the information contained herein is appropriate or available for use in other locations outside the United Kingdom.

 

You agree that the substantive laws of England and Wales shall govern any controversy or claim of whatever nature arising out of or relating to the use of this Website, without regard to any conflict of laws provisions. All actions or proceedings arising out of or relating to these Terms of Use, their validity, performance, enforcement or breach, or the subject matter of these Terms of Use shall be heard in the courts of England and Wales and you hereby irrevocably consent and submit yourself to the personal jurisdiction of said courts for all such purposes.

 

Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of this agreement is taking place or originating.

 

 

If you have any questions regarding these Terms of Use or any other matter, you may contact us at:

 

Simon Arundel

Data Protection Officer 

 

Benefact Trust Limited 

Benefact House, 

2000, Pioneer Avenue, 

Gloucester Business Park, 

Brockworth, 

Gloucester, 

GL3 4AW, 

 

Tel: 01452 875504