Buckworths Limited Website Terms (the “Terms”)
1. ABOUT THESE TERMS
1.1 We are Buckworths Limited, a private limited company registered in England and Wales with registered address at 2nd Floor, 1-3 Worship Street, London, EC2A 2AB, United Kingdom and registered number 07541905 (referred to as “we“, “us” and “Buckworths”).
1.2 We provide the website at https://www.buckworths.com, its subdomains and associated social networking profiles (together, the “Website”).
1.3 To contact us, please email firstname.lastname@example.org or telephone our main reception desk on 020 7952 1723.
1.5 In these Terms any individuals accessing our Website shall each be referred to as a “User” and, together, referred to as the “Users”.
1.6 In these Terms, references to any gender includes a reference to the other genders.
1.7 A reference to a person includes a corporate or unincorporated body or association (whether or not having separate legal personality) or natural person.
1.8 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.9 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
1.10 Any obligation in these Terms on a User not to do something includes an obligation not to agree to, or allow, that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.
2. ACCEPTANCE AND AMENDMENT OF THE TERMS
2.1 Please review these Terms carefully before you start to use the Website and make sure that you understand them. By continuing to use the Website, you will be deemed to have unequivocally agreed to these Terms.
2.2 Buckworths may at any time modify these Terms by amending this page. We will use reasonable endeavours to notify Users of any changes to these Terms by emailing Users (where users have provided email addresses to Buckworths). No notice will be provided to Users who do not provide us with their email addresses.
2.3 Please check this page from time to time to take notice of any changes we may have made. By continuing to use the Website after changes to these Terms are made and notified to you, you will be deemed to have unequivocally agreed to be bound by such changes.
3. ACCESSING THE WEBSITE
3.1 You are responsible for making all arrangements necessary for you to have access to the Website at your own cost.
3.2 You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
3.3 We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice in our complete and absolute discretion. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
4.1 By using the Website each User agrees not to:
- upload, post, e-mail or otherwise send or transmit onto the Website any material that:
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
- is otherwise illegal or causes damage or injury to any person or property.
- upload, post, e-mail or otherwise send or transmit any material that they could reasonably have known or suspected contained viruses, Trojan horses, worms or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website or its Users;
- interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms;
- attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardise the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
- attempt to gain access to secured portions of the Website to which you do not possess access rights;
- impersonate or make any misleading representations about any other person while using the Website;
- conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
- resell or export the software associated with the Website;
- use the Website to generate unsolicited advertisements or spam; or
- use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
4.2 From time to time you may find links to third-party websites on the Website. Unless specifically stated otherwise, these links are provided for your information only and are not recommended by, associated with or in any way attributable to Buckworths. Buckworths has no control over the content of third-party sites and accepts no responsibility or liability for them or for any loss or damage that may arise from your use of them. When accessing a third-party website, you are advised to check such website’s terms and privacy policies to ensure compliance with applicable laws.
5. OUR RIGHTS
5.1 In providing Users with access to the Website, Buckworths reserves the following rights, and, in accessing, browsing or otherwise using the Website each User grants to, and agrees that Buckworths shall have, the following rights:
- the right to amend or update the Website or these Terms from time to time;
- the right to without notice, remove content or materials for any reason whatsoever at our sole and absolute discretion, including without limitation content and materials which are unlawful, offensive, threatening, libellous, defamatory, obscene or which infringe third party rights.
6. INTELLECTUAL PROPERTY
6.1 Buckworths and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through the Website. The Website is protected by UK and International copyright and other intellectual property laws. All such rights are reserved.
6.2 Without limitation, this means that a User may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) without Buckworths’ prior express written consent.
6.3 Any unauthorised use of the Website will result in the automatic termination of the limited licence granted by us to use the Website. Buckworths reserves the right to terminate the limited licence in respect of a User without notice at any time following any alleged unauthorised use by that User of the Website.
6.4 Buckworths and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Buckworths. They may not be used without Buckworths’ prior express written consent.
6.5 All other trademarks not owned by Buckworths that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Buckworths. Buckworths accepts no liability for any unauthorised use of any trademarks by Users or third parties.
7. HOW YOU MAY USE THE MATERIAL ON OUR WEBSITE
7.1 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
7.2 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.
7.3 Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
7.4 You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us.
7.5 If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. NO RELIANCE ON INFORMATION
8.1 The content on the Website 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 the Website.
8.2 Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
9. SECURITY, ELECTRONIC COMMUNICATIONS AND PRIVACY
9.1 Whilst we have implemented commercially reasonable technical and organisational measures to secure Users’ personal information from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. Buckworths accepts no liability for any losses associated with any unauthorised use.
9.2 Each User acknowledges that he provides personal information at his own risk.
9.3 By downloading, using and/ or accessing in any way the Website and/or material provided through the Website, each User consents to receiving electronic communications and notices from Buckworths.
9.4 Each User agrees that any notice, agreement, disclosure or other communications that we send to him electronically will satisfy any legal communication requirements, including that such communications be in writing.
9.6 Each User agrees that Buckworths is free to use any comments, information or ideas contained in any communication a User may send to Buckworths without compensation, acknowledgement or payment to the User for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services. For the avoidance of doubt, all such information will be deemed by Buckworths to be non-confidential and non-proprietary, and each User agrees that such information may be used by us without any limitation whatsoever.
10.1 Buckworths does not warrant that the User’s use of the Website will be uninterrupted or error-free, or that the Website and/or the information obtained by the User through the Website will meet the User’s requirements.
10.2 We do not guarantee that the Website, or any content on it, will be free from errors or omissions. We accept no liability for any such liability or omissions.
10.3 Buckworths is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the User acknowledges that the Website may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
10.4 The business of Buckworths is the provision of legal services. Any services agreed between Buckworths and a user relating to the provision of the services by Buckworths will be subject to a separate agreement between those parties and will be governed by the terms therein.
11. LIMITATION OF LIABILITY AND NO WARRANTY
11.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
11.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
11.3 We will not be liable to any user 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, the Website; or
- use of or reliance on any content displayed on the Website.
11.4 If you are a business user, please note that 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.
11.5 If you are a consumer user, please note that we only provide the Website for domestic and private use. You agree not to use the Website 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.
11.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your mobile telephone, smartphone, tablet, computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
11.7 We assume no responsibility for the content of websites linked to the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them or any goods or services advertised through them.
12.1 We do not guarantee that the Website will be secure or free from any bugs or viruses.
12.2 You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
12.3 You must not misuse the Website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website 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 the Website will cease immediately.
13.1 Each User agrees to indemnify and hold Buckworths, its shareholders, directors, officers, employees, agents and partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of his use of the Website or his violation of any law or the rights of any third party.
14. LINKING TO THE WEBSITE
14.1 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.
14.2 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.
14.3 You must not establish a link to the Website in any website that is not owned by you.
14.4 The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the home page.
14.5 We reserve the right to withdraw linking permission without notice.
14.6 If you wish to make any use of content on the Website other than that set out above, please contact us.
15.1 Buckworths may change or discontinue the Website at any time without prior notice. We reserve the right to terminate these Terms for any reason, without notice, and these Terms shall automatically terminate in respect of a User in the event that such User violates any of the Terms set forth herein (with prejudice to our accumulated rights against the User). In the event of any termination, the User will immediately cease to be able to use of the Website.
15.2 In the event of termination, howsoever caused, the following Clauses shall be deemed to have survived termination: 4 (Conduct); 5 (Our Rights); 6 (Intellectual Property); 8 (No Reliance on Information); 10 (Disclaimer); 11 (Limitation of Liability); 12 (Viruses); 13 (Indemnity); and 15 (General).
15.3 These Terms are agreed between the User and Buckworths. No other person shall have any rights under or connection with these Terms under the Contracts (Rights of Third Parties) Act 1999.
15.4 If any court or competent authority decides that any term of these Terms is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law and interpreted in a manner that is consistent with the commercial interests of the parties.
15.5 Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision and will not relieve a User from the obligation to comply with such provision.
15.6 No User is permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms without our prior express written consent. Buckworths may assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights under these Terms.
15.7 These Terms set forth the entire understanding and agreement between each User and Buckworths with respect to the subject matter hereof.
15.8 These Terms, their subject matter and its formation (and any non-contractual disputes or claims) are governed by the law of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.
15.9 Notices may only be served to Buckworths at the following address: 2nd Floor, 1-3 Worship Street, London, EC2A 2AB, United Kingdom and will deemed to have been received:
- if delivered by hand, at the time proof is obtained that the notice was left at the address or given to the addressee; or
- in the case of pre-paid first class UK post or the other next working day delivery service, at 9:00 am on the fifth (5th) day after posting or at the time recorded by the delivery service.