Dated April 2020
Acceptance of our terms
This page sets out the terms that you agree to abide by when using this site and other Benessence content. All references to “Benessence” mean Benessence Limited, a Company registered in England No. 09143970, VAT No. GB 234051447, at 33 Bruton Place, London W1J 6NP
The following rules and regulations apply to all visitors to or users of the Benessence website, Benessence social media, and other content created by Benessence (collectively, the “Site”), including all pages maintained by Benessence and accessed through the Site, the home page of which is at www.Benessence.co.uk Please carefully read and review the following terms and conditions (collectively, the “Terms”), as they govern your use of the Site. By accessing our Site, you agree to abide by these Terms. If at any time you do not agree to these Terms, please do not enter or use our Site.
BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
These Terms constitute the entire agreement and understanding between you and Benessence regarding your access and use of the Site. We are providing you access to our Site conditioned upon your complying with these Terms. If you violate these Terms, we reserve the right to seek any and all available legal remedies available to us. We may terminate your access to our Site at any time for any reason in our sole discretion and without prior notice to you.
These Terms may be revised periodically, and you are responsible for complying with any changes posted on the Site, and your continued use of our Site following our posting any revisions to these Terms constitutes your agreement to be bound by the revised Terms. We reserve the right, at any time and in our sole discretion, to revise these Terms as we deem necessary. Any and all changes will take effect once posted.
You agree (i) not to use the Site to upload or distribute in any way files that contain viruses, bugs, corrupted files, or any other similar software or programs that may damage the operation of computer hardware or software; (ii) not to interfere or disrupt the Site or any networks connected to the Site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of the Site or any transactions being offered at the Site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on Benessence’s infrastructure; (v) not to use the Site to collect or harvest personal information, including, without limitation, financial information, about other participants at the Site; (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and (vii) not to post any misleading, fraudulent, defamatory, obscene or otherwise illegal information on the Site. You agree not to use the services available at the Site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to the Site.
- Intellectual Property
All information and material including data, images, text and audio on the Site is the property of Benessence and/or its licensors and is subject to copyright. All trademarks on the Site are the property of Benessence and/or its licensors. You are entitled to view, copy and print any documents from the Site but only for your own internal business purposes. Any sale, transmission or redistribution of the Site or its content, and any copying, modification or other use of the site or its contents for any purposes other than your own internal business purposes, are strictly prohibited.
All software used on the Site is the property of Benessence or its software suppliers. Benessence grants you a non-exclusive, royalty-free, non-transferable, revocable license to use software it owns solely for the purposes of this agreement. Other than to the extent permitted by law, you may not decompile, reverse engineer or otherwise translate such software.
The Site may contain links to (i) non-Benessence sites, or (ii) Benessence material that is hosted on third-party websites. These links are provided to you only as a convenience. Such linked sites are not under the control of Benessence and Benessence is not responsible for the contents of any linked site, or any link contained in a linked site. The inclusion of any link does not imply endorsement by Benessence of the site, and Benessence shall have no responsibility for information which is referenced by or linked to the Site. To the maximum extent allowed by law, you further acknowledge and agree that Benessence shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through the Site. If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk. Benessence has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any of our web pages is prohibited absent express written permission from us. Framing, inline linking or other association of the Benessence Site or its materials with links, advertisements and/or other information not originating from our Site is expressly prohibited.
- No Warranties
Without limiting the foregoing, Benessence does not make any warranty that (i) the services offered on the Site will meet your requirements, (ii) the services offered on the Site will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the content or information available on the Site is complete, accurate or available, or (v) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations. No advice or information, whether oral or written, obtained by you from Benessence or through the Site shall create any warranty not expressly made herein.
The Site’s content should not be relied upon or used as a substitute for consultation with professional advisors. The Site’s content concerns topics selected by Benessence for dissemination to the general public, and is offered on a blind basis, without any knowledge as to your industry, identity, or specific circumstances.
- Limited Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, Benessence AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS EXCLUSION INCLUDES, WITHOUT LIMITATION, ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the services provided on the Site or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. In the case of Vendors, you further agree if you become entitled to any recovery, that Benessence business within the six-month period prior to the event or action giving rise to such loss.
You shall indemnify, defend, and hold harmless Benessence and its affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including legal and accounting fees) that they may sustain or incur arising from (i) your use of the Site, (ii) your failure to comply with any applicable laws and regulations or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase or sell the subject goods or services, (iii) your use of the content available on the Site in any way contrary to this agreement (iv) your breach of any of your representations, warranties or obligations set forth in this agreement, (v) the sale or purchase, or purported sale or purchase, of goods or services by you, or any loss suffered by or harm to any person or property in any way relating to or caused in whole or in part by the goods or services sold or purchased by you (including to the extent permissible by law, without limitation, any personal injuries or death of any third person caused in whole or in part by such goods or services), (vi) any taxes attributable to the services or due on the purchase or sale of the goods or services, (vii) alleged errors or omissions or misrepresentations in the information provided by you to Benessence hereunder or in the listings of goods or services on the Site. You are prohibited from settling any action, claim or demand on our behalf without our prior written consent. Benessence shall have the right to conduct any litigation, with counsel of its choice, at your expense.
You acknowledge that Benessence or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through the Site. Benessence, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any information which Benessence in its sole discretion deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the Site, authorized or unauthorized, constitutes consent to such monitoring.
- Provision of Data
You agree that Benessence may, in its sole discretion, deny you access to the Site and disable any user name and password associated with you for any reason, including, without limitation, if Benessence believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of this agreement. Benessence reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the goods or services offered under the Site (or any part thereof) with or without notice. You agree that Benessence shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services offered under the Site. Notwithstanding termination of this agreement, paragraphs 5 (No Warranties), 6 (Limited Liability), 7 (Indemnity), 10 (Termination) and 11 (General) shall survive its termination and shall continue in full force and effect.
The Site is created and maintained by Benessence and the laws of the United Kingdom govern this agreement and you and Benessence agree to submit to the exclusive jurisdiction of the English courts. Benessence controls the Site from its offices within the United Kingdom and on occasion, Italy. Benessence does not imply that the materials published on the Site are appropriate for use outside of the United Kingdom. If you access the Site from outside of the United Kingdom, you do so on your own initiative, and you are responsible for compliance with local laws.
Any waiver of any right or provision of this agreement will be effective only if signed by an officer of Benessence and the failure of Benessence to exercise or enforce any term or condition shall not constitute a waiver of such right or provision.
The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of these Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
Benessence reserves the right to make changes to the Site and this agreement at any time.
Benessence reserves the right to refuse to list or to discontinue the listing of any goods or services as it may choose in its sole discretion and without notice. Without limiting the generality of its right to exclude or discontinue the listing of goods or services, Benessence may, in its sole discretion, exclude goods or services from the Site if they are believed not to meet applicable industry standards or if Benessence receives complaints from users of the Site regarding listed services.
The rights and limitations in this agreement are for the benefit of Benessence and a person who is not a party to this agreement has no right to enforce any term of this agreement.
Benessence respects the intellectual property rights of third parties. If you believe that anything on our Site infringes upon any copyright which you own or control, please notify us immediately by providing us with the information, in its entirety. Any such notice shall be sent to [email protected]
Benessence and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Benessence or its affiliates or licensors and are protected by UK and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Benessence Site. Your misuse of the trademarks displayed on the Benessence Site is strictly prohibited.
You are not permitted to assign any of your rights under this agreement without the prior written consent of Benessence.
You may not issue any press release or make any public statement regarding your use or participation in the Site without the prior written permission of Benessence.
You and Benessence are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship or similar relationship between you and Benessence is intended or created by this agreement
- Regulatory Provisions
If you make a request, then you expressly authorize us to contact you by telephone, fax and email at the numbers and addresses provided in your request, for purposes of providing you with the quotes, products and services indicated in your request or for marketing purposes related to your request. You consent to receive telephone calls from us, even if the phone number that you provided on your request is on any “Do Not Call” list. You also consent to us making recorded calls to remind you of deadlines or other issues in connection with your account or request.
You are solely responsible for complying with applicable laws and regulations in connection with your use of any goods or services offered by us.