1. Introduction

This website is operated by Benawell, The terms “we”, “us”, “our”, “the website”, and “www.benawell.com” refer to Benawell. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.

  1. Use of our Website

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

Under no circumstances can the website be used:

  • for any unlawful purpose, or in any way that breaks any relevant, or applicable, regulations locally, nationally or internationally
  • for promoting any illegal activities, inciting violence or to promote sexually explicit material
  • in any way that harms, or could be harmful to, minors (people under 18)
  • for promoting any form of discrimination or hate
  • in any way that is inflammatory or obscene
  • in any way that damages the reputation of another person
  • for the purpose of causing any harmful, threatening, defamatory, abusive or harassing effects to any other person, in any way that in our opinion invades someone’s privacy
  • in any way that causes embarrassment to another person
  • in any way that is deemed to cause, or promote, harm or distress to animals
  • in any way that is deemed to be offensive or unacceptable
  • in any way that impersonates any person or misrepresents your identity, or misrepresents an association with any person
  • to undermine any other pseron’s copyright or trademark
  • in any way that is (or is intended to be) unlawful, deceitful, or fraudulent, or has any unlawful or fraudulent effect
  • to send, or assist in sending, any unsolicited or unauthorised promotional or marketing materials (often referred to as spam)
  • as a source of material or contact data for any kind of marketing activity;
  • to update, change, amend, or tamper with any part of the website;
    • in any way that affects, or can affect, how the website is run;
    • in any way that places an unreasonable or disproportionably large burden on the website’s technical systems and capability as determined by us; or
    • using any automated or non automated means to monitor, or copy the website or any of its content, or to interfere with or try to interfere with how the website functions
  • to knowingly send or upload any data or material that contains viruses, time-bombs, Trojans, worms, spyware, keystroke loggers, adware or any other harmful programs or computer code designed to damage the usability or functions of any computer software or hardware
  • to send, knowingly receive, upload, download, use or reuse any material which does not meet these terms

You must also not:

  • Reproduce, copy or resell any part of our website, if it does not adhere to our website terms of use
  • Interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network our site is stored on;
    • any software used to provide our site; or
    • any equipment, network or software owned or used by any third party;

– Contributions to the website

Any contribution to make to the website must:

  • be accurate, and factual, and must not be misleading
  • must be genuinely held if stated as opinions
  • adhere to all relevant laws that apply in the UK and in any country from which the contribution had been posted or had been created

– Providing content to the website

Any content uploaded to this website will be considered as non-confidential and non-proprietary.  Therefore by providing content for the website, you agree that we are granted permission, free of charge, to use your material in any way, meaning we can use, display, distribute, alter (if needed for operational and editorial reasons) and publish the content for any purpose , in any media, worldwide.

In certain circumstances, we may share your content with other trusted organisations.

We can reveal your identity to any third party if needed.  This can occur if a third party claims that any content posted or uploaded by you breaks their intellectual property rights, or their right to privacy

Any material that you upload to the website continues to be owned by you

Please be aware that any information posted on the website will become available for public viewing.  By providing content to the website, which you grant us permission to use, you confirm that:

  • the material is either your own work, or you that you have received authorisation to upload it to the website;
  • your material is not defamatory to someone’s reputation, and does not affect a person’s privacy rights, copyright, contract rights, or any other rights, and that it does not break any laws of England and Wales; and
  • that you have the right to give us permission to use the content provided as outlined in these terms and conditions

We do not have a duty to publish any material you have provided.

We have the right to:

  • refuse to post any content you provide;
  • remove any content from the website, whether or not the content is in breach of any of these terms and conditions; or
  • restrict, suspend or cease your access to all, or any part, of the website at any time

If you do not wish to grant us permissions set out in these terms and conditions, please do not upload or provide any content to the website

  1. General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

  1. Products or Services

All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction. Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in pounds sterling.

We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

  1. Links to Third-Party Websites

Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

  1. Use Comments, Feedback, and Other Submissions

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited kllto, with respect to its legality, and its trademark, copyright and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.

We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

  1. Your Personal Information

Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

  1. Your account and password

You must keep all user ID , codes, passwords, and any other piece of security information you are provided with, confidential and not share it with any third party,

If you fail to adhere to the terms and conditions, we can disable any user ID or password at any time

If you suspect, or know, that someone other than yourself knows your user ID or password, you must inform us as soon as possible by emailing us at info@benawell.com.

  1. Errors and Omissions

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our website, except as required by law.

  1. Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.

Inclusion in this directory does not imply that Benawell endorses the organisations, services, or events, and no responsibility is assumed by Benawell for any of their services.

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

  1. Intellectual property rights

You can print a copy, and you can download extracts, of any page from our site for personal use.

Any printed or digital copies of any content, downloaded or printed from this website, must not be changed in any way

Any illustrations, photographs, videos or audio sequences, or graphics, from this website cannot be used separately from the accompanying text

You must always acknowledge us and any other identified contributor as the author/s of any content from our site.

No part of the content from our site is to be used for commercial purposes without getting a licence and permission from us first, or from the organisation that provided us with the licence to use that content.

If any printed, or downloaded, part of this website breaks these terms of use, you must destroy or return (as stated by us) any copies you have of the content and you will immediately lose the right to use out site

  1. Not relying on information

The content on this website is for general information only and is not to be relied on for advice. You must seek professional or specialist advice before taking any action or deliberately not taking any action, based on the content on our website.

We make reasonable efforts to keep information up to date on this website; however we do not provide guarantee that the content on our website is complete, up to date, or accurate.

  1. Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless,, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

  1. Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

  1. Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

  1. Headings

Any headings and titles herein are for convenience only.

  1. Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

  1. Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of England and Wales without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the England and Wales and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

  1. Questions or Concerns

Please send all questions, comments and feedback to us at info@benawell.com.