Last updated: 01 January 2023
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.thefraybentos.co.uk website and the Fray Bentos mobile application (together, or individually, the “Service”) operated by Fray Bentos (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Intellectual Property
The Service and its original content, features and functionality are owned by Fray Bentos and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service unless expressly permitted in writing by Fray Bentos.
The Fray Bentos name and logo are trademarks of Fray Bentos and may not be copied, imitated or used, in whole or in part, without the prior written permission of Fray Bentos. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Fray Bentos.
You may not use any of these trademarks, service marks, trade dress, or other logos from the Service without the prior written authorization of Fray Bentos.
User Content
We may provide you with interactive opportunities on our Service, including but not limited to user reviews, forums, bulletin boards, chats, and other functionality through which you and other users may post, submit, publish, display, or transmit content or materials (collectively, “User Content”) on or through the Service.
All User Content must comply with the Content Standards set out in these Terms. Any User Content you post to the site will be considered non-confidential and non-proprietary. By providing any User Content, you grant us and our affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/ according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and partners.
- All of your User Content does and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to authorize Fray Bentos and users of the Service to use and distribute your User Content as necessary to exercise the licenses you grant in these terms.
You may not transmit any User Content that:
- Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Includes any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any similar form of solicitation. This prohibition includes but is not limited to a) using the Service to send commercial communications in any form while posing as Fray Bentos or as representative of Fray Bentos; or b) using the Service in any manner that would be inconsistent with these Terms or with any posted guidelines for use of the Service.
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Fray Bentos or any third party.
- Impersonates any person or entity, including any employee or representative of Fray Bentos.
- Violates the privacy or publicity rights of any third party.
- Is designed to help others evade filters or capture data that does not belong to you.
- Contains profanity or otherwise objectionable content.
- Contain harmful content and/or malware of any kind.
- Otherwise violates these Terms or applicable law.
Any use of the Service in violation of the foregoing violates these Terms and may result in cancellation of your account.
We reserve the right to remove any User Content from the Service at our discretion.
Accounts
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers and symbols. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Fray Bentos. Fray Bentos has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Fray Bentos shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. We shall not be liable to you or any third party for any termination of your access to the Service.
Indemnification
You agree to indemnify, defend and hold harmless Fray Bentos and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneysâ€TM fees, made by any third party due to or arising out of your:
- Content you submit, post, transmit, or otherwise make available through the Service;
- Use of the Service;
- Connection to the Service;
- Violation of these Terms; or
- Violation of any rights of another person or party.
No warranties
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Fray Bentos, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Limitation Of Liability
In no event shall Fray Bentos, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from i) your access to or use of or inability to access or use the Service; ii) any conduct or content of any third party on the Service; iii) any content obtained from the Service; and iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Fray Bentos its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us:
Fray Bentos
123 Fray Bentos Lane
London, UK
SW12 0AA
Email: [email protected]