ATTENTION: THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THIS WESITE UNDER THE DOMAIN NAME www.bjm-co.com ("Website") AND TO ANY CORRESPONDENCE BY E-MAIL BETWEEN US AND YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY BEN MACFARLANE & CO("the Firm").
1. Introduction
1.1 By accessing any part of this Website you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.2 The Firm may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding upon you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of this Website.
2. Licence
2.1 You are permitted to print and download extracts from this Website on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) the Firm's copyright notice and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including, without limitation, photographs and graphical images) are owned by the Firm or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Firm's prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. Service Access
3.1 While the Firm endeavours to ensure that this Website is normally available 24 hours a day, the Firm will not be liable if, for any reason, this Website is unavailable at any time for any period.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, during maintenance or repair or for any reasons beyond the Firm's control.
4. Disclaimer
4.1 While the company endeavours to ensure that the information on this Website is correct, the Firm does not warrant the accuracy and completeness of the material on this Website. The Firm may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Firm makes no commitment to update such material.
4.2 The material at this Website is provided 'as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Firm provides you with this Website on the basis that the Firm excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
5. Liability
5.1 The Firm, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Firm's principal, employees or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise ) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the materials on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
5.2 Nothing in this legal notice shall exclude or limit the Firm's liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
5.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
6. Governing Law and Jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
Issue Date: 6th November 2005
