Website Terms

Terms of Use of the Ben’s Bus Website


THESE TERMS (“Terms”) govern your use of www.bensbus.co.uk (“the Website”). Please read these Terms and ensure that you have understood them. If you do not agree to these Terms, please cease use of the Website immediately.

1. Definitions

“Ben’s Bus” is a trading name of Ben’s Bus Limited, a company registered in England and Wales with the registered company number 05961403;

“Terms” means the Terms of Use set out herein;

“Use” means any use of the Website including but not limited to viewing information;

“User” means any person who Uses the Website;

 

2. Ben’s Bus

2.1 The Website is owned and managed by Ben’s Bus. All information supplied on the Website is managed by Ben’s Bus.

2.2 Ben’s Bus can be contacted by writing to 5a Brunswick Mews, Hove, East Sussex, BN3 1HD or by email on ben@bensbus.co.uk.

 

3. Use of the Website

3.1  By Using the Website you warrant that you have the right, authority and capacity to enter into and be bound by these Terms and that you agree to be bound by these Terms forthwith.

3.2 From time to time we may restrict access to some parts of the Website to Users who have registered with us. If you are provided with a User login code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and must not disclose it to any third party. We have the right to disable any User login code or password allocated by us, at any time, if in our opinion you have failed to comply with any if the provisions of these Terms.

3.3 In the event that Ben’s Bus, in its sole discretion, considers that you are making any illegal and/or unauthorised Use of the Website, and/or your Use of the Website is in breach of these Terms, Ben’s Bus reserves the right to take any action that they deem necessary, including terminating without notice your Use of the Website and, in the case of illegal Use, instigating legal proceedings.

3.4 Ben’s Bus may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.

3.5 Ben’s Bus reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice.

 

4. Term and Termination

4.1 These Terms will remain in full force and effect while you are a User of the Website.

4.2 Ben’s Bus may, at any time and for any reason, terminate these Terms with you and deny you access to the Website.

4.3 In the event of termination of these Terms for any reason, you must not attempt to Use the Website and you must immediately destroy all information downloaded or printed off the Website.

4.4 Clauses 4 to 8 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.

 

5. Intellectual Property

5.1 Ben’s Bus owns, or has a license to use all right, title, and interest in and to, the Website, including without limitation all copyrights and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the Website or the data contained therein to the User. All rights in and to the Website not expressly granted to User are expressly reserved by Ben’s Bus.

5.2 You are expressly prohibited from:

5.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and

5.2.2 removing, modifying, altering or using any registered or unregistered marks/logos owned by the Ben’s Bus, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Ben’s Bus or could be considered an infringement any of the intellectual property rights owned and/or licensed to the Ben’s Bus without first obtaining the written permission of Ben’s Bus.

 

6. Warranties and Liabilities

6.1 Ben’s Bus provide Users with the Website free of charge and, to the maximum extent permitted by law, Ben’s Bus shall not be liable for any loss, injury or damage caused in whole or in part by the Website or the information provided therein, or by any failure, delay, interruption or otherwise of the provision of the Website or the information provided therein, or by the Ben’s Bus’s failure to perform any of its obligations under these Terms.

6.2 In no event shall Ben’s Bus be liable for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit, or the cost of procurement of substitute products or services by User even if advised of the possibility of such damages.

6.3 The information provided on the Website by Ben’s Bus is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.

6.4 Where the Website includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by Ben’s Bus and, to the maximum extent permitted by law, Ben’s Bus shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.

6.5 To the maximum extent permitted by law, Ben’s Bus expressly excludes all representations, warranties, obligations and liabilities in connection with the Website or other third party websites, and the information provided therein, including but not limited to warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, or otherwise.

 

7. Data Protection and Privacy Policy

7.1 Ben’s Bus is committed to protecting (i) the privacy of Users; and (ii) the confidentiality of the information provided to it by Users Using the Website.

7.2 Ben’s Bus will act at all times in accordance with the Privacy Policy, which can be accessed at the following url: https://www.bensbus.co.uk/privacy/

 

8. Transactions concluded through the Website

Contracts for the supply of goods or services formed through the Website or as a result of visits made by you are governed by our relevant Conditions of Sale.

 

9. General

9.1 You may print and keep a copy of these Terms, which, subject to the terms and conditions governing the supply of goods or services, form the entire agreement between you and Ben’s Bus and supersede any other communications or advertising with respect to the Website.

9.2 These Terms may only be modified with the prior written consent of Ben’s Bus. Ben’s Bus may alter or amend these Terms at any time, with immediate effect without notice. By continuing to Use the Website after such alteration, you will be deemed to have accepted any amendment to these Terms.

9.3 These Terms and their performance shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.

9.4 You shall comply with all foreign and local laws and regulations which apply to your Use of the Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.

9.5 You agree that because of the unique nature of the Website and Ben’s Bus’s proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm Ben’s Bus and monetary damages would be inadequate compensation. Therefore, you agree that Ben’s Bus shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.

9.6 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.

9.7 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of these Terms.

9.8 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.

9.9 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Ben’s Bus and such third parties shall not be entitled to enforce any term of these Terms against Ben’s Bus.

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