1. Introduction

1.1     These terms and conditions together with our Privacy and Cookies policy and any documents referred to in them, shall govern your use of our website www.bryanferry.com (the “website”).

1.2     By using our website, you accept and agree to comply with these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3     Our website uses cookies; by using our website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy and Cookies policy.

  1. Intellectual Property

2.1     In this paragraph, “Intellectual Property” shall include ,without limitation, all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, goodwill or the right to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other registered or unregistered intellectual property rights, including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection worldwide.

2.2    Subject to the express provisions of these terms and conditions:

(a)      we, Dene Jesmond Enterprises Limited are the owner or the licensee of all rights in and to the copyright and any other intellectual property rights in our website, the website content and any material used or referred to on our website; and

(b)      all such copyright and any other intellectual property rights are reserved.

2.3    Our copyright notice is: Copyright © Dene Jesmond Enterprises Limited

2.4     In the event that you submit or post any user generated content to the website (which shall mean any content or comments which you as a website user post for publication on the website directly or via a social media channel), you agree to grant us a non-exclusive licence to reproduce, edit, distribute or otherwise use such content. We may exercise all intellectual property rights in any user content you submit to the website worldwide for the full period for which such rights exist in that material.

2.5     You warrant that by submitting any user content to the website such content is your own original work and does not infringe the copyright or any other intellectual property rights of any third parties. For further information on what can or cannot be submitted to the website, please see section 4 (Acceptable use of the website) below. In the event that a third party or its representatives claim that the material submitted by you infringes their intellectual property or other rights, we reserve the right to disclose your identity to such parties. You agree you will indemnify us for loss or damage incurred by us as a result of any breach of the warranty provided in this Section.

  1. Notice & take down policy

3.1     We do not regularly review any user content or third party material uploaded or submitted to our website, or other information accessible on third party websites connected to our website.

3.2    If you wish to submit a complaint about any user content or third party material featured on our website, please contact our website support team at: Dene Jesmond Enterprises Limited, 64 New Cavendish Street, London W1G 8TB. You will be instructed to identify the content, its location on the website and confirm the nature of your complaint e.g. the content infringes your trade mark(s), copyright or other intellectual property rights, or it is in breach of these terms and conditions. We may ask you to provide evidence of any intellectual property rights you claim to own and/or control. We will investigate all complaints and inform you of the outcome of such investigations within a reasonable time.

3.3     We will decide, in our sole discretion whether to refuse, remove, disable or block access to any content or material which we consider or which has been notified to us as being infringing of a third party’s rights, defamatory, unlawful or in breach of these terms and conditions or such other policies available on our website.

3.4     We are not responsible for your use of any third party websites connected to our website. You are responsible for assessing the suitability of any goods or services advertised by such third parties before contacting or placing an order for such goods or services. Any orders you place for such goods and services are separately notified at the point of sale and subject to the terms and conditions and such other policies of that third party website. We are not responsible for the accuracy or application of these third party website policies.

  1. Acceptable use of the website

4.1     We set out the permitted and prohibited uses of our website below.

You may:

(a)      view pages from our website in a web browser;

(b)      download pages or extracts from our website for your personal use or for caching in a web browser; and

(c)      print copies of pages or extracts from our website for your personal use only.

subject to the other provisions of these terms and conditions.

4.2     You must not, except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, modify or edit copies of any materials you have printed off or downloaded from our website (including any illustrations, images, photographs, videos, graphics, audio or audio visual features)or save any such material to your computer.

4.3     You may only use our website for your own personal purposes, and you must not use our website, its content or any materials used or referred to on the website for any other commercial purposes.

4.4     You must not:

(a)      re-publish or otherwise reproduce any material from our website (including republication on another website);

(b)      sell, rent or sub-license material from our website;

(c)      show any material from our website in public;

(d)      exploit material from our website for a commercial purpose; or

(e)      redistribute material from our website.

If you print off, copy, download, reproduce or otherwise use any content or material taken from our website for a commercial purpose, your right to use our website will cease immediately and you must, to be decided in our sole discretion, return or destroy copies of any materials you have made.

4.5     In addition to the above,you must not:

(a)      use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)      use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)      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;

(d)      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;

(e)      access, crawl or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f)       violate the directives set out in the robots.txt file for our website; or

(g)      use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

(h)     You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.6     We have the right to refuse to upload, delete, remove, block or disable access to

any user content or material which we deem to be infringing, defamatory, unlawful, in violation of any third party rights and/or in breach of our website policies.

 

  1. Limitation of liability

5.1     We do not warrant or represent:

(a)      the completeness or accuracy of any information published on our website;

(b)      that the material on the website is up to date; or

(c)      that the website or any service on the website will remain available.

5.2     We do not guarantee that our website will always be accessible and we reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

5.3    We do not monitor web user activity on our website, but we reserve the right to do so in our sole discretion. We are not responsible for any website user or third party content, hyperlinks or other materials uploaded or otherwise featured on the website. We hereby exclude any liability for any loss or damage arising from such use in breach of these terms and conditions.

5.4   To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

5.5     We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

5.6     We will not be liable to you in respect of any loss, damage or corruption of your data, database or software caused by a virus or other technologically damaging material that may affect your proprietary material due to your use of the website, including amongst other things when you download material or click through hyperlinks on the website.

5.7     To the extent permitted by law and subject to Section 5.1, we will not be liable to you in respect of any, direct, indirect or consequential losses or damage arising out of or in connection with any use of the website, which shall include any liability for (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, data, business, contracts, commercial opportunities, reputation and/or goodwill and any other loss or damage however arising whether caused in tort (including negligence), breach of contract or otherwise.

5.8     You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

5.9   To the maximum extent permitted by applicable law and subject to Section 5.1, we,expressly exclude all representations and warranties and other terms relating to the subject matter of these terms and conditions, our website and the use of our website which might otherwise be implied by statute, common law or equity.

  1. Our liability

6.1     Nothing in these terms and conditions will:

(a)      limit or exclude any liability for death or personal injury resulting from negligence;

(b)      limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)      limit any liabilities in any way that is not permitted under applicable law; or

(d)      exclude any liabilities that may not be excluded or limited under applicable law.

6.2     The limitations and exclusions of liability set out in this Section 6 and elsewhere in these terms and conditions:

(a)      are subject to Section 6.1; and

(b)      govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

  1. Breaches of these terms and conditions

7.1     Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)      send you one or more formal warnings;

(b)      temporarily suspend your access to our website;

(c)      permanently prohibit you from accessing our website;

(d)      block computers using your IP address from accessing our website;

(e)      contact any or all of your internet service providers and request that they block your access to our website; and/or

(f)       we reserve the right to commence legal action against you for any loss or damage caused to us by your breach of these terms and conditions, whether for breach of contract or otherwise;

7.2     Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.

  1. Variation

8.1     We may revise these terms and conditions from time to time by amending this web-page.

8.2     The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

  1. Severability

9.1     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.

9.2     If any unlawful and/or unenforceable provision of these terms and conditions 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.

  1. Third party rights

10.1   A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

10.2   The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

11.1   Subject to Section 6.1, these terms and conditions, together with our Privacy and Cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

  1. Law and jurisdiction

12.1   These terms and conditions shall be governed by and construed in accordance with English law.

12.2   Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

  1. Privacy Policy

13.1   When you visit our website, we will process information about you. Please see our Privacy and Cookies Policy for further detail.

  1. Our details

14.1   This website is owned and operated by Dene Jesmond Enterprises Limited.

14.2   We are registered in England and Wales under registration number 01372945and our registered office is at 64 New Cavendish Street, London W1G 8TB

14.3   You can contact us:

(a)      by post, using the postal address given above;

(b)      by email, using info@bryanferry.com