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BH ENgage Ltd TERMS OF USE

Last Updated 7 July 2022

BACKGROUND

This agreement applies as between you, the User of this website and BH Engage Ltd, the owner(s) of this website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the website immediately.

No part of this website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1. DEFINITIONS AND INTERPRETATION

In this Agreement the following terms shall have the following meanings:

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Service” means collectively any online facilities, tools, services or information that Murdoch Brothers Butchers makes available through the website either now or in the future;

“Payment Information” means any details required for the purchase of services from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;

“Purchase Information” means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;

"Personal information" means any information unique to you which could identify you as an individual, be used to contact you and may be sensitive for example (but not exclusively) address, telephone number, date of birth.

“System” means any online communications infrastructure that BH Engage Ltd makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the website and is not employed by BH ENgage Ltd and acting in the course of their employment.

“Website” means the website that you are currently using www.bh-engage.co.uk and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. AGE RESTRICTIONS

Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. INTELLECTUAL PROPERTY

3.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of, BH Engage Ltd our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

3.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Website unless given express written permission to do so by BH Engage Ltd.

4. THIRD PARTY INTELLECTUAL PROPERTY

4.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products, licenses as may be applicable.

4.2 Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant intellectual property owner.

 

5. FAIR USE OF INTELLECTUAL PROPERTY

Material from the Website may be only re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

6. LINKS TO OTHER WEBSITES

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of BH Engage Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

7. USE OF COMMUNICATIONS FACILITIES

Any information shared by any User on the System via forms such as contact forms, order forms and checkout will be securely managed by the internet platform, which is compliant to ISO 27001, ISO 2701 and PCI-DSS Level 1, encrypted and secured with SSL. The platform uses international servers, therefore you acknowledge that data will be accessed by BH Engage Ltd, affiliates of the platform provider eg. technical support, web developer and any third party apps embedded in the site in order for it to function and fulfill its purpose. BH Engage Ltd reserves the right to monitor any and all communications made to us or using our System.

8. PRIVACY AND DATA POLICY (including USE OF COOKIES)

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. View our Privacy and Data Policy here

9. DISCLAIMERS

9.1 BH Engage Ltd makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

9.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

9.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

10. CHANGES TO THE SERVICE AND THESE TERMS OF USE

BH Engage Ltd reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms of Use from the first time you use the Website following the changes. 

11. AVAILABILITY OF THE WEBSITE

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

BH Engage Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

12. LIMITATION OF LIABILITY

12.1 To the maximum extent permitted by law, BH Engage Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content is at their own risk.

12.2 Nothing in these Terms of Use excludes or restricts BH Engage liability for death or personal injury resulting from any negligence or fraud on the part of BH Engage

12.3 Nothing in these Terms of Use excludes or restricts BH Engage liability for any direct or indirect loss or damage arising out of the reliance on incorrect information included on the Website.

12.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

13. NO WAIVER

In the event that any party to these Terms of Use fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

14. PREVIOUS TERMS OF USE

In the event of any conflict between these Terms of use and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

15. NOTICES

All notices/communications shall be given to us either by post to our Premises (see address below) or by email to cheryl@bh-engage.co.uk Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending of the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

16. LAW AND JURISDICTION

These Terms of Use, and the relationship between you and BH Engage, shall be governed by and construed in accordance with the Law of England, UK and BH Engage and you agree to submit to the exclusive jurisdiction of the Courts of England.

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