This site www.brightwells.com ("the Site") is owned by Brightwells Limited registered in England and Wales with company number 02052714 of Easters Court, Leominster, Herefordshire, HR6 0DE (referred to in these conditions as "we" and "us"). The terms, covenants, conditions and provisions below (the `Terms and Conditions') constitute an agreement between you, the user, and us, and sets out the conditions upon which you may access the information, products, materials and services available through the Site.
We may transfer our rights and obligations under these terms to another organisation. We will always endeavour tell you in writing if this happens and we will seek to ensure that the transfer will not affect your rights under the contract.
Acceptance of Terms and Conditions as binding
By accessing, viewing, or using the information, products, materials or services available on or through this Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written document and equally binding and that you accept such Terms and Conditions and agree to be legally bound by them.
Changes to the Terms and Conditions and to the Site
We reserve the right to change any of the Terms and Conditions (whether contained in these Terms and Conditions or in any other Terms and Conditions contained on any of the pages of the Site) at any time. It is your responsibility to visit the Terms and Conditions of the Site on a regular basis to ascertain whether any amendments to these Terms and Conditions or to any of the other Terms and Conditions on areas of the Site have been made. If you do not agree to such an amendment, you should immediately cease to use the Site.
We may update and change our Site from time to time to reflect changes to our products, our users' needs and our business priorities
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons.
Any information supported by you whether of a personal or business nature, will be treated as being supplied in confidence. We will collect and store information supplied for our own use and for purposes connected with your instructions or enquiries. We may contact you from time to time in connection with our services. We will not (except for exceptional circumstances, such as if it were to become illegal for us to refuse to make disclosure) disclose the information to third parties without your permission.
Your Account Details
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
Your Use of the Site
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may view the site and you are welcome to download extracts or print hard copies of material on it for your personal, non-commercial use. All other copying whether in electronic, hard copy or other format is prohibited and all other rights reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged (except where the content is user-generated).
If you print off, copy or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No Text or Data Mining
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Site or any services provided via, or in relation to, the Site. This includes using (or permitting, authorising or attempting the use of):
- Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Site or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions of this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date nor do we do not warrant the Site or any software available on or downloaded from it will be free from viruses or defects.
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
The Site may include information and materials uploaded by other users of the Site, including to bulletin boards and chat rooms. 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.
Our Liability to You
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our applicable terms and conditions of sale.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site; or
- use of or reliance on any content displayed on our Site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user as defined under Unfair Contract Terms Act 1977:
- Please note that we only provide our Site to you for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Other Terms and Conditions
There are other Terms and Conditions applying to particular areas of the Site which relate to your use of such areas, all of which will, together with these Terms and Conditions, govern your use of the Site and of its associated information, products, materials and services.
Law and Jurisdiction
Terms and Conditions and any matter relating to the Site shall be governed by and construed in accordance with the laws of England and Wales and any disputes arising shall be subject to the exclusive jurisdiction of the English Courts.
The content of the Site (excluding proprietary intellectual property, material trademarks and copyright relating to internet catalogues and catalogue production) remains the property of Brightwells and is thus copyrighted with all rights reserved. Replication, publication and/or distribution of any or all of the contents of the Site are prohibited. You may save, download or print our individual selections for your own personal information. Exploitation of the Site for commercial gain or advantage is strictly forbidden.
End of notice.