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Please read these terms and conditions carefully as they contain important information about your rights and obligations when using this website (the 'Website').
The Website is owned and operated by Ben Crossley Ltd ('it'/'the company'), a limited company (trading as Ben Crossley), registered in England and Wales under company number: 07742825 having its registered office is at 227A West Street, Fareham, Hampshire, United Kingdom, PO16 0HZ.
The term 'you' refers to the user or viewer of the Ben Crossley Ltd Website.
1.1.You will be able to access the Website without having to register any details with Ben Crossley Ltd.
1.2.You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access www.ben-crossley.com through your internet connection are aware of these terms, and that they comply with them.
1.3.Ben Crossley Ltd makes reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at any time because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair.
1.4.Where possible Ben Crossley Ltd will try to give you advance warning of maintenance issues but shall not be obliged to do so.
2.1.The content of the Website is protected by copyright (including design copyrights), trade marks, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Ben Crossley Ltd (trading as Ben Crossley), moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
2.2.You acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with Ben Crossley Ltd or our licensors.
2.3.You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
2.4.You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
2.5.You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website, without prior written consent from Ben Crossley Ltd.
2.6.You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
2.7.No licence is granted to you to use the Ben Crossley Logo trade mark without prior agreement and written consent from Ben Crossley Ltd.
3.1It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
3.2Ben Crossley Ltd will not be liable if the Website is unavailable at any time.
3.3Ben Crossley Ltd attempts to ensure that the information available on the Website at any time is accurate. However, it does not guarantee the accuracy or completeness of material on this Website. Ben Crossley Ltd will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. It makes no commitment to ensure that such material is correct or up to date.
3.4All drawings, images, 3D renderings, animated sequences, photography, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
3.5Ben Crossley Ltd cannot guarantee and cannot be responsible for the security or privacy of the Website.
3.6You must bear the risk associated with the use of the internet. In particular, Ben Crossley Ltd will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material from any website linked to it.
3.7Ben Crossley Ltd reserves the right to disclose such information to law enforcement authorities as it reasonably feels is necessary should you breach this agreement.
4.Use of the Website
4.1You are permitted to use the Website and the material contained in it only as expressly authorised by Ben Crossley Ltd and in accordance with these terms and conditions, as may be
amended from time to time without notice to you.
4.2Ben Crossley Ltd provides access and use of the Website on the basis that it excludes all representations, warranties and conditions to the maximum extent permitted by law.
4.3The information stated on www.ben-crossley.com does not, and will not, form any part of a contractual agreement, or offer for sale. Furthermore it does not constitute an offer capable of acceptance and no binding commitment may be entered into on the basis of the information stated on the website.
4.4Ben Crossley Ltd reserves the right to:
4.4.1.Make changes to the information or materials on this Website at any time and without notice to you.
4.4.2.Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party.
4.4.3.Refuse to post material on the Website or to remove material already posted on the Website.
4.5You may not use the Website for any of the following purposes:
4.5.1.Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
4.5.2.Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise.
4.5.3.Breaching any applicable local, national or international laws, regulations or code of practice.
4.5.4.Gaining unauthorised access to other computer systems.
4.5.5.Interfering with any other person's use or enjoyment of the Website.
4.5.6.Breaching any laws concerning the use of public telecommunications networks.
4.5.7.Interfering with, disrupting or damaging networks or websites connected to the Website.
4.5.8.Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website.
4.5.9.To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation.
4.5.10.To create and/or publish your own database that features all or substantial parts of the Website.
4.5.11.Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner, Ben Crossley.
4.6.In addition, you must not:
4.6.1.Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
4.6.2.Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it.
4.6.3.Attack the Website via a denial-of-service attack or a distributed denial-of service attack.
4.6.4.Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website.
4.7.A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. Ben Crossley Ltd may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
5.Suspending or Terminating your access
5.1.Ben Crossley Ltd reserves the right to terminate or suspend your access to the Website immediately and without notice to you if:
5.1.1.You breach the terms of these terms and conditions (repeatedly or otherwise).
5.1.2.You are impersonating any other person or entity.
5.1.3.When requested by us to do so, you fail to provide Ben Crossley Ltd within a reasonable time with sufficient information to enable it to determine the accuracy and validity of any information supplied by you, or your identity.
5.1.4.Ben Crossley Ltd suspects you have engaged, or about to engage, or have in anyway been involved, in fraudulent or illegal activity involving the Website.
6.Linking to the Website
6.1.Any link made to www.ben-crossley.com must be:
6.1.1.Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted.
6.1.2.Provided in such a way that is fair and legal and does not damage Ben Crossley Ltd’s reputation or take advantage of it.
6.1.3.Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists.
6.2.Ben Crossley Ltd has no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to the homepage is at all times accurate.
6.3.Ben Crossley Ltd reserves the right to withdraw its consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform Ben Crossley Ltd in writing, once this has been done.
6.4.Ben Crossley Ltd disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to the company website.
7.1.To provide increased value and convenience to our users, Ben Crossley Ltd may provide links to other websites, social networks, or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website Ben Crossley Ltd is not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
7.1.1.The privacy practices of such websites.
7.1.2.The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources.
7.1.3.The use which others make of these websites.
7.1.4.Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.
8.Limitation of Liability and Indemnity
8.1.Notwithstanding any other provision in these terms and conditions, nothing will affect or limit your statutory rights; or will exclude or limit Ben Crossley Ltd’s liability for:
8.1.1.Death or personal injury resulting from our negligence.
8.1.2.Fraud or fraudulent misrepresentation.
8.1.3.Action pursuant to section 2(3) of the Consumer Protection Act 1987.
8.1.4.Any matter for which it would be unlawful for Ben Crossley Ltd to exclude or attempt to exclude its liability.
8.2.Ben Crossley Ltd will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connection with the provision of any matter in these terms and conditions even if such losses are forseeable or result from a deliberate breach by the company or as a result of any action Ben Crossley Ltd has taken in response to your breach:
8.2.1.Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
8.2.2.Any loss of goodwill or reputation; or
8.2.3.Any special or indirect losses; or
8.2.4.Any loss of data.
8.2.5.Wasted management or office time.
8.2.6.Any other loss or damage of any kind.
8.3.You agree to fully indemnify, defend and hold the owner (Ben Crossley) and the company’s suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
8.4.This clause does not affect your statutory rights as a consumer.
9.1.Ben Crossley Ltd reserves the right to change the domain address of this Website and any services, products it may offer or sell, and availability of products it may offer or sell, at any time.
9.2.If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected.
9.3.All Contracts are concluded and available in English only.
9.4.If Ben Crossley Ltd fails, at any time, to insist upon strict performance of any of your obligations under these terms and conditions, or if it fails to exercise any of the rights or remedies to which it is entitled under these terms and conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
9.5.A waiver by Ben Crossley Ltd of any default shall not constitute a waiver of any subsequent default.
9.6.No waiver by Ben Crossley Ltd of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
10.Governing Law and Jurisdiction
10.1.The Ben Crossley Ltd Website (www.ben-crossley.com) is controlled and operated in the United Kingdom.
10.2.These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.