| Website Terms and Conditions
(1) Introduction
These terms and conditions govern your use
of our website; by using our website, you accept these terms and conditions
in full. If you disagree with
these terms and conditions or any part of these terms and conditions,
you must not use our website.
(2) Credit
We
created these terms and conditions using an SEQ Legal template from
Website
Law. The legal documents supplied by SEQ Legal include a range
of website software
contract templates.
(3) Licence to use website
Unless otherwise stated, we or our licensors
own the intellectual property rights in the website and material on
the website. Subject to the licence
below, all these intellectual property rights are reserved.
You
may view, download for caching purposes only, and print pages from the
website for your own personal use, subject to the restrictions set out
below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website (including
republication on another website) without our express permission;
(b) sell, rent or sub-license material from the
website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit
material on our website for a commercial purpose;
(e) edit or otherwise modify any material on
the website; or
(f) redistribute material from this website except
for content specifically and expressly made available for redistribution
(such as our Entry form, Absentee/Commission bid form and Calendar).
(4) Acceptable
use
You must not use our website in any way that
causes, or may cause, damage to the website or impairment of the availability
or accessibility of the website; or in any way which is unlawful, illegal,
fraudulent or harmful, or in connection with any unlawful, illegal,
fraudulent or harmful purpose or activity.
You must not use our website to copy, store,
host, transmit, send, use, publish or distribute any material which
consists of (or is linked to) any spyware, computer virus, Trojan horse,
worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated
data collection activities (including without limitation scraping, data
mining, data extraction and data harvesting) on or in relation to our
website without our express written consent.
You must not use our website for any purposes
related to marketing without our express written consent.
(5) Restricted
access
We reserve the right to restrict access to
areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password
to enable you to access restricted areas of our website or other content
or services, you must ensure that that user ID and password is kept
confidential.
We may disable your user ID and password at
our sole discretion without notice or explanation.
(6) Limited warranties
We do not warrant the completeness or accuracy
of the information published on this website; nor do we commit to ensuring
that the website remains available or that the material on the website
is kept up-to-date.
To the maximum extent permitted by applicable
law we exclude all representations, warranties and conditions relating
to this website and the use of this website (including, without limitation,
any warranties implied by law of satisfactory quality, fitness for purpose
and/or the use of reasonable care and skill).
(7) Limitations
and exclusions of liability
Nothing
in these terms and conditions will:
(a) limit or
exclude our or your liability for death or personal injury resulting
from negligence;
(b) limit or
exclude our or your liability for fraud or fraudulent misrepresentation;
(c)
limit any of our or your liabilities in any way that is not permitted
under applicable law; or
(d) exclude
any of our or your liabilities that may not be excluded under applicable
law.
The limitations
and exclusions of liability set out in this Section and elsewhere in
these terms and conditions:
(a) are subject
to the preceding paragraph; and
(b) govern
all liabilities arising under the terms and conditions or in relation
to the subject matter of the terms and conditions, including liabilities
arising in contract, in tort (including negligence) and for breach of
statutory duty.
To the extent
that the website and the information and services on the website are
provided free-of-charge, we will not be liable for any loss or damage
of any nature.
We
will not be liable to you in respect of any business losses, including
(without limitation) loss of or damage to profits, income, revenue,
use, production, anticipated savings, business, contracts, commercial
opportunities or goodwill.
We
will not be liable to you in respect of any special, indirect or consequential
loss or damage.
(8) Indemnity
You hereby indemnify us and undertake to keep
us indemnified against any losses, damages, costs, liabilities and expenses
(including without limitation legal expenses and any amounts paid by
us to a third party in settlement of a claim or dispute on the advice
of our legal advisers) incurred or suffered by us arising out of any
breach by you of any provision of these terms and conditions, or arising
out of any claim that you have breached any provision of these terms
and conditions.
(9) Breaches
of these terms and conditions
(10) Variation
We may revise these terms and conditions from
time-to-time. Revised terms and
conditions will apply to the use of our website from the date of the
publication of the revised terms and conditions on our website. Please check this page regularly to ensure you
are familiar with the current version.
(11) Assignment
We may transfer, sub-contract or otherwise
deal with our rights and/or obligations under these terms and conditions
without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise
deal with your rights and/or obligations under these terms and conditions.
(12) Severability
If a provision of these terms and conditions is determined by any court
or other competent authority to be unlawful and/or unenforceable, the
other provisions will continue in effect.
If any unlawful and/or unenforceable provision would be lawful
or enforceable if part of it were deleted, that part will be deemed
to be deleted, and the rest of the provision will continue in effect.
(13) Exclusion of third party rights
These terms and conditions are for the benefit
of you and us, and are not intended to benefit any third party or be
enforceable by any third party. The
exercise of our and your rights in relation to these terms and conditions
is not subject to the consent of any third party.
(14) Entire agreement
These terms and conditions,
together with our privacy policy, constitute the entire agreement between
you and us in relation to your use of our website, and supersede all
previous agreements in respect of your use of this website.
(15) Law and
jurisdiction
These terms and conditions will be governed by and construed in accordance
with English law, and any disputes relating to these terms and conditions
will be subject to the non-exclusive jurisdiction of the courts of England
and Wales.
(16) Registrations and authorisations
We are a registered member of the National Association of Valuers and Auctioneers
(NAVA) and our vendors are
fully protected under their
indemnity scheme. You can find details of NAVA at www.nava.org.uk
Our VAT number is: GB 578-2188-03
(17) Our details
The full name
of our company is: BOURNE END
AUCTION ROOMS Ltd.
We are registered in England & Wales under
Company number: 02677265.
Our registered address is: Dove House, Mill Lane, Barford St Michael, Oxon, OX15 0RH
You can contact us by email to be.auctions@virgin.net
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