Terms & Conditions
In using this website and the Bath & Bristol Enterprise Network, you agree to be bound by the terms and conditions (the 'Terms') set out below. If you do not agree to the Terms then we reserve the right to suspend your membership of the network and your access to the website.
Any services which we make available to you on or via the website and/or the Network community may be subject to additional terms and conditions (the 'Additional Terms') which are in addition to and may supplement or amend these Terms and which you will be required to accept when using this website and/or the Community. We further reserve the right to amend these Terms and Conditions without notice.
1. Definitions
1.1. The Bath & Bristol Enterprise Network is henceforth referred to as "BEN", "the Network" or "the Website")
1.2. The internet site http://www.bristolenterprise.com/, is managed and supported by the University of Bristol and hosted by SIFT. The website is the method through which Members can register to join the Network
1.3. Member: An individual who registers to become a Member of the Network
1.4. Visitor: An individual or organisation who has not registered as a Member but who enters the Website or uses its open-access Services.
1.5. Third Party : A person or organisation other than BEN or a Member.
1.6. These Terms and Conditions ("the Terms") apply to all activities and services provided by, or sponsored by, the Bristol Enterprise Network.
1.7. Member Password : The private combination of letters and/or numbers by the Member and required for access to the Network and its Service(s).
1.8. Service(s): Any and all services provided by BEN including - but not limited to - the Website and accompanying content; portals; search and/or directory services; newsgroups; bulletins and or newsletters; the sending and receiving of e-mails and websites for Members and other services provided from time to time by the Network.
1.9. Personal Profile: the personal details provided by individual Members when they join the Network - some of which Members may have indicated are not to be displayed to other Members.
1.10. E-Mail address: An address provided by BEN and/or a unique address supplied by Members to enable electronic messages to be exchanged.
2. Privacy
2.1. BEN is committed to protecting and respecting your privacy and will comply with all applicable UK Data Protection legislation currently in force and act in accordance with any preferences which you may set on your Personal Profile. We may collect, keep and process the following data about you:
2.2.1. Information that you provide by filling in forms on the Website. This includes information provided at the time of registration or at the time of posting material or requesting any Services;
2.2.2. BEN may ask you to complete surveys or questionnaires for research purposes, although there is no obligation for you to respond to them;
2.2.3. Details of your visits to the Website and any resources or Services that you access.
2.3. We may use any information you provide to assess Membership size, Members usage of the Network; and keep you informed about relevant Services.
3. BEN's Obligations to Members and Visitors
BEN will use its best endeavours to maintain the Network and accompanying Services in an accessible and satisfactory manner. However, there can be no guarantee that the Network and its Services will always be accessible and fully operational. BEN does not therefore accept any responsibility for interruptions or failures to the Website or Service or for any defects that may exist, any costs, loss of profits, loss of data, or any consequential losses arising directly or indirectly from any Member's use of, or inability to access or use, the Website, Network or any Service.
4. Members Responsibility for Content and Conduct
4.1. The opinions and views expressed by other Members are their own and do not necessarily reflect those of BEN. We accept no liability in respect of any material submitted by Members and published by us and BEN is not responsible for its content and accuracy.
4.2. Members and visitors will comply with all applicable laws and regulations regarding on-line conduct and content. Members must not submit, solicit or attempt to publish anything that is unlawful or which:
4.2.1 is obscene, abusive, hateful, offensive, defamatory language or anything that is libellous, racially, ethnically or otherwise offensive.
4.2.2. posts, uploads, emails or other transmission of material that contains software viruses or any other computer codes, files or programs that are designed or intended to restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment.
4.2.3. infringes the rights of any person, or which is unlawful in any other respect or which infringes someone's intellectual property or other rights;
4.2.4. constitutes a raffle, sweepstake, lottery or any other form of gambling;
4.2.4. advertises any product or service which contravenes the relevant codes of conduct imposed by the Advertising Standards Authority or which is illegal in the United Kingdom or the domicile or residency of either the distributor or recipient;
4.2.5. constitutes unsolicited or unauthorised advertising, junk, spam or bulk e-mail, chain letters, pyramid schemes, affiliate schemes or any other unsolicited commercial communication or business opportunity, except as BEN specifically authorises;
4.3. Members must not collect, store, or use information about others for the purpose of sending unsolicited or unauthorised communications.
4.4. Members must not reproduce, distribute or commercially exploit any part of any Service except as may be authorised by BEN.
4.5. Members must not post or distribute any computer programme that damages, detrimentally interferes with, and surreptitiously intercepts data or personal information about any Member.
4.6. Members must not disrupt the functioning of the Network or any Service, solicit another Member's Password, or otherwise act in a way that interferes with another Member's use of any Service.
4.7. Members grant BEN a non-exclusive, royalty-free, perpetual and worldwide licence to republish any material Members submit, post, upload, email or otherwise transmit to BEN or the Website.
4.8. Members agree to indemnify BEN, its subsidiaries, affiliates, officers, agents and employees against any claim or demand, including reasonable attorney's fees, relating to content BEN distributes via any Service or their use of, or conduct on, any Service.
5. Passwords and Registrations
5.1. Members are required to provide, and subsequently maintain, accurate and current information on all registration and/or subscription forms for any Service and agree not to impersonate or misrepresent an affiliation with a person or entity or misrepresent the origin of any content distributed through any Service.
5.2. Members are responsible for all content that is written or uploaded under any Member's Name and/or Password and are required to keep their Member Password confidential.
5.3. Unless specifically agreed by BEN, Member Passwords are not transferable and may only be used by the party to whom they were originally issued. Members must notify BEN immediately of any unauthorised use of their Member Password or any other breach of security.
6. Services
6.1. BEN reserves the right at any time and for any reason, to refuse publication, edit, move, make additions or deletions to text or graphics, and remove pages on the Website or any Service, including content or communications provided by Members.
6.2. BEN makes all reasonable efforts to ensure that all information or Services provided by it is accurate at the time of its inclusion. BEN does not and will not accept any responsibility for any errors, inaccuracies or omissions contained therein.
6.3 Inclusion of information or Services cannot be interpreted as an endorsement of content, products or services merely because they are accessible via BEN or any Service it may provide. Neither does is constitute legal or professional advice. Any decision or action taken by Members based on the information contained therein is their sole responsibility.
6.4. Any objections to the publication of any material placed on the Website should be notified by email to ben-enquiries@bris.ac.uk or by calling 0117 331 7336. BEN is not responsible for any failure to remove, or for any delay in removing, harmful, inaccurate, unlawful or otherwise objectionable content originating with or otherwise provided by Members or Third Parties.
6.5. BEN may disclose content or Member information if required to do so by law or in good faith believe that doing so is necessary to:
6.5.1. Comply with legal process
6.5.2. Enforce these Terms and Conditions
6.5.3. Respond to claims that any content violates the rights of Third Parties.
6.5.4. Protect the rights, property or personal safety of BEN, its Sponsors and accredited Third Parties, Members, or the public.
6.5.5. Administer any Service.
6.6. Members may view, copy, download and print documents from the Website but the copyright, and other rights, in some of the material may belong to a Third Party. Members are responsible for obtaining any licences or permissions that may be required to use such material and for paying any costs or expenses incurred by BEN which may arise as a result of Member's failure to do so.
7. Limitation of Liability
7.1 Some of the information, particularly on the "Executive Jobs" section, of the Website include material which has been posted by Members or Third Party employment agencies and businesses. Individual Members and advertisers are solely responsible for the content of advertising and other material and for ensuring that such content complies with all relevant legislation. BEN accepts no responsibility for the content of material posted by Members or Third Parties, including any error, omission, inaccuracy, or infringement of law.
7.2. Whilst effort has been taken to ensure that the pages of the Website are free from viruses, BEN gives no guarantees that they are free from viruses. Members are responsible for ensuring that they have installed adequate virus-checking software.
7.3. BEN's entire liability to Members in respect of all matters associated with the Services shall be limited as follows:
7.3.1. Nothing in these Terms and Conditions excludes BEN's liability for death or personal injury arising from the negligence of BEN, its servants or agents.
7.3.2. Nothing in these Terms and Conditions excludes any other liability which is prohibited from being excluded by law.
7.3.3. Except as set out in 7.3.1 and 7.3.2 above BEN accepts no liability for and hereby excludes any liability for any consequential or indirect losses, loss of profits, loss of business, loss of goodwill or any form of special damages.
7.3.4. BEN's liability for direct loss shall, subject to paragraphs 7.3.1 and 7.3.2 above, be limited to the amount actually paid by the Member to BEN and all conditions, warranties or other terms whatsoever inconsistent with the provisions of this sub paragraph are hereby expressly excluded.
7.3.5. In the event that 7.3.3 should prove for any reason ineffective to exclude any liability referred to in that sub paragraph, any such liability shall, subject to 7.3.1 and 7.3.2 above be limited to the amounts actually paid by the Member to BEN.
7.3.6. Each of sub paragraphs 7.3.1 to 7.3.5 above shall be a separate and severable limitation and if any one or more of them shall prove for any reason ineffective to exclude any liability referred to in the relevant sub paragraph(s) the remaining sub paragraphs shall remain in full force and effect.
8. Links
Some of the pages on the Website include links to external websites. These links are included to give Members and Visitors the opportunity to access other pages that it is felt may be of assistance to them. BEN is not responsible for the content of these internet sites.
9. Jurisdiction
9.1. The Website has been created with UK users in mind and its content may not therefore be appropriate or lawful outside of the UK. Visitors to the site from outside the UK should verify for themselves whether or not it is appropriate for them to access the site.
9.2 The Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from matters relating to the Website, the Network or its Services shall be exclusively subject to the jurisdiction of the courts of England and Wales.
10. Other Conditions
10.1. If any provision of these Terms and Conditions is held to be unenforceable, it will not affect the validity and enforceability of the remaining provisions.
10.2. These Terms and Conditions may be amended from time to time. Any amendments shall be effected by posting the amended Terms and Conditions within the Services. BEN may, but is not obligated to, inform Members and Subscribers of any amendment by e-mail. BEN may also in the same way extend these Terms and Conditions to include other conditions applicable to specific products or services offered by BEN from time to time.
10.3. These Terms and Conditions shall be deemed to be a contract made in England between the Member and BEN and these Terms and Conditions and the Member's use of the Services are subject to and shall be construed in accordance with English law.
10.4. Interpretations of this agreement and determinations that a Member has breached the agreement will be made at BEN 's reasonable discretion and based upon facts known to us.
10.5. The failure by BEN to enforce any right under these Terms and Conditions will not waive the right of BEN to do so.
