Terms & Conditions

WEBSITE TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE – YOUR ATTENTION IS DRAWN IN PARTICULAR TO SECTIONS DISCLAIMERS AND LIABILITY & INDEMNITY

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms on which you may use our website www.bybrookconservation.com (our “Site”). You will be deemed to have accepted and agreed to comply with these Terms and Conditions from your first use of our Site so please read them carefully and ensure that you understand them. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using our Site immediately. Use of our site includes accessing and browsing the Site.

We may change these Terms and Conditions from time to time. Every time you wish to use our Site, please check this page to ensure you understand the terms that apply at that time. These Terms and Conditions were most recently updated in July 2021. Any changes will become binding on you upon your first use of our Site after the changes have been implemented.

Links to Other Content

We may provide links to other content and resources such as websites and apps. Unless expressly stated, this content is not under our control. We neither assume or accept responsibility or liability for such third-party content. The provision of a link by us is for reference only and does not imply any endorsement of the linked content or of those in control of it. We have no control over the contents of those sites or resources. We recommend that you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website.

You may not link to our Site from any other website the content of which contains material that:

Is sexually explicit, obscene, deliberately offensive, hateful or otherwise inflammatory.

Promotes violence.

Promotes or assists in any form of unlawful activity.

Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age.

Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person.

Is calculated or is otherwise likely to deceive another person.

Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;

Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive.

Implies any form of affiliation with us where none exist.

Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or

Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

User Content

You agree that you will be solely responsible for any and all user Content that you create or upload using or via our Site. Specifically, you agree, represent and warrant that you have the right to create or upload the user Content and the right to use all materials of which it is comprised and that it will not infringe the intellectual property rights of any other party, or be in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

You agree that you will be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of the warranties given by you. You will be responsible for any loss or damage suffered by us as a result of such breach.

Any content you upload to our Site will be considered non-confidential and non-proprietary. You (or your licensors, as appropriate) retain ownership of your user Content and all intellectual property rights subsisting therein. By creating or uploading user Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your user Content for the purposes of operating and promoting our Site and services (including for the purposes of our publication of any of your review on our Site or via our social media channels).

To the extent reasonably necessary or appropriate to effect or support the licence granted by you  you hereby waive and agree to waive (or if not waivable, agree not to assert) any rights of privacy or publicity, or any moral rights or other similar rights, with respect to your Content.

We have the right to remove any posting you make on our Site if, in our opinion, it does not comply with the acceptable content standards set out above.

Where our Site includes information and materials uploaded by other users, this information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. We are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Disclaimers

We make reasonable efforts to ensure that the content contained within our Site is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) in this respect. No part of our Site or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only. We do not guarantee that any part of our Site is suitable for use in commercial situations or that it provides accurate information or advice on which business decisions can be based. It is your responsibility to take precautions and use common sense when using our Site. We exclude all legal responsibility and costs for reliance placed on the site by anyone.

We make no representation, warranty, or guarantee that our Site will meet your requirements, that it will be fit for a particular purpose, that any specific results may be obtained from use of our Site, that our Site will meet your requirements or expectations, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

Liability and Indemnity

To the fullest extent permissible by law, we accept no liability to consumers or businesses for loss or damage that is not foreseeable.

To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our Site or any Content included in our Site.

We exercise all reasonable skill and care to ensure that our Site is free from viruses and other malware. To the fullest extent permitted by law, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Site (including the downloading of any Content from it) or any other website or service that we may provide a link to.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Nothing in these Terms and Conditions excludes or restricts our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

The limitations of liability included in this Clause 11 apply only to the use of our Site and not to the sale of paid products/services, which is governed separately by our E-Commerce Terms of Sale.

You shall defend, indemnify and hold us (and our affiliates, officers, agents, employees, partners and licensors) harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of our Site or any breach of these Terms and Conditions.

Viruses, Malware and Security

You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Site.

You must not attempt to gain unauthorised access to any part of our Site, the server on which our Site is stored, or any other server, computer, or database connected to our Site.

You must not attach our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

By breaching the provisions of these terms and conditions you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them.

Law and Jurisdiction

These Terms and Conditions and your use of our Site (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

Any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.