1. Dene Jesmond Enterprises Limited t/a Bryan Ferry Website Terms and Conditions

    Last updated: 13 April 2022

     

    PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

    1. Who we are and how to contact us

    www.bryanferry.com is a site operated by Dene Jesmond Enterprises t/a Bryan Ferry (“We“). We are registered in England and Wales under company number 01372945 and have our registered office at 64 New Cavendish Street, London, W1G 8TB. Our main trading address is 4-5 Iridium Close, Burnley Bridge Business Park, Burnley, United Kingdom, BB12 7EJ. Our VAT number is 325 8044 66.

    We are a limited company. To contact us, please email info@bryanferry.com.

    1. By using our site you accept these terms

    By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

    If you do not agree to these terms, you must not use our site.

    We recommend that you print a copy of these terms for future reference.

    1. There are other terms that may apply to you

    These terms of use refer to the following additional terms, which also apply to your use of our site:

    • Our Privacy Policy. See further under “When do we collect your personal data”.
    • Our Cookie Policy, which sets out information about the cookies on our site.

    If you purchase goods or services from our e-commerce provider, Townsend Music Limited, Townsend Music Limited’s Terms and conditions of supply (https://townsendmusic.store/terms) will apply to the sales. For the avoidance of any doubt and further to section 12 below, we have no control over the nature, content and availability of any third party websites, and we do not take any responsibility for any information or content thereon.

    1. We may make changes to these terms

    We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

    1. We may make changes to our site

    We may update and change our site from time to time to reflect changes to our products, our customers’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

    1. We may suspend or withdraw our site

    Our site is made available free of charge.

    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. We will try to give you reasonable notice of any suspension or withdrawal.

    You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

    1. We may transfer this agreement to someone else

    We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

    1. How you may use material on our 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 print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

    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).

    You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

    If you print off, copy, download, share or repost any part of our site in breach of these terms of use, 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.

    1. No text or data mining, or web scraping

    You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our 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 in 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.

    1. Do not rely on information on this site

    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.

    1. We are not responsible for websites we link to

    Where these terms or 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. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and that we will not be liability for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge agree that we are not responsible or liable, directly or indirectly, for any damage or loss cause or alleged to be caused by or in connection with use of or reliance on any such content or product available on or through any such website or resource.

    We do not take responsibility for the collection or use of personal data from any third party website.

    1. User-generated content is not approved by us

    This website 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.

    1. How to complain about content uploaded by other users

    If you wish to complain about content uploaded by other users, please contact us on info@bryanferry.com.

    1. Our responsibility for loss or damage suffered by you
    2. 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 by our e-commerce provider Townsend Music, which will be set out in Townsend Music’s Terms and Conditions (https://townsendmusic.store/terms).
    1. 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.
    1. If you are a consumer user:
    • Please note that we only provide our site 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.
    1. How we may use your personal information

    We will only use your personal information as set out in our Privacy Policy.

    1. We are not responsible for viruses and you must not introduce them

    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.

    1. Rules about linking to our site

    You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

    You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    You must not establish a link to our site in any website that is not owned by you.

    Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

    We reserve the right to withdraw linking permission without notice.

    If you wish to link to or make any use of content on our site other than that set out above, please contact info@bryanferry.com.

    1. Which country’s laws apply to any disputes?

    If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

    If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.