BYNX WEB SITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. THESE TERMS CONTAIN LIMITATIONS OF BYNX’S LIABILITY AND EXCLUSIONS OF WARRANTIES. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use ("Site Terms") apply to your use of this Web site ("Site"), and do not alter in any way the terms or conditions of any other agreement you may have with Bynx Limited (with company number 03294132, and having its registered address at Lowes Lane Commercial Offices, Lowes Lane, Wellesbourne, Warwickshire, CV35 9RB, United Kingdom) ("Bynx", "we", "us"), its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Bynx for violations of these Site Terms.
2. Ownership of the Site and its Contents
2.1 You acknowledge that this Site is owned by, and all intellectual property rights therein vest in, Bynx, its licensors, advertisers or third-party content providers and that any unauthorised use thereof is expressly prohibited. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("Bynx Content"), is owned by Bynx, its licensors, advertisers or third-party content providers.
2.2 All elements of the Site, including the Bynx Content, are protected by copyright, trade dress, moral rights, trademark and any other applicable laws relating to the protection of intellectual property.
2.3 We reserve the right at any time to change or discontinue without notice, any aspect or feature of the Site.
3. Use of the Site
3.1 This Site and the Bynx Content are intended for prospective and actual customers of Bynx and users of its vehicle leasing and fleet management system. You may not use this Site or the Bynx Content for any purpose not related to your use of or interest in the Bynx system. You are specifically prohibited from: (a) printing, downloading, copying, adapting or re-transmitting any or all of the Site or the Bynx Content otherwise than through your bona fide, personal, non-commercial use of the Site without, or in violation of, a written license or agreement with Bynx; (b) using any data mining, robots or similar data harvesting, gathering or extraction methods without our express written consent; (c) manipulating or otherwise displaying the Site or the Bynx Content by using framing or similar navigational technology; (d) using the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility thereof; (e) using the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious software; (f) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Bynx product or service if you are not expressly authorised by such party to do so; and (g) using the Site or the Bynx Content other than for its intended purpose. Such unauthorised use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and other applicable communications legislation and regulations.
3.2 You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, electronic communications, privacy, and the transmission of data exported from the United Kingdom, the European Union, the country from which you export the data or the country in which you reside.
4.1 The Bynx logo, and any other product or service name or slogan contained in the Site are registered or unregistered trademarks of Bynx and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bynx or the applicable trademark holder. You may not use metatags or any other HTML tags, comments or hidden text utilising "Bynx" or any other name, trademark or product or service name of Bynx without our prior written permission. In addition, the look and feel of the Site (including, without limitation, all page headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade dress of Bynx and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
5.1 You may not use a Bynx logo or other proprietary graphic of Bynx to link to this Site without the express written permission of Bynx. Further, you may not frame any Bynx trademark, logo or other proprietary information, including the Bynx Content, without Bynx's express written consent.
5.2 Bynx makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Bynx and Bynx is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Bynx provides such links (if any) to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Bynx of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
5.3 Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Bynx shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
6.1 You agree to defend, indemnify and hold harmless Bynx, its subsidiaries, affiliates, licensors, employees, agents, sponsors, third party information providers and independent contractors against any and all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable solicitors’ fees) which arises out of or is related to your conduct, your use of or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the Bynx Content, or your violation of any rights of another, which indemnity you acknowledge as being reasonable.
7.1 THIS SITE AND THE BYNX CONTENT ARE PROVIDED "AS IS" AND BYNX AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT WHERE SUCH LIABILITY CANNOT BE EXCLUDED BY LAW, BYNX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE BYNX CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT BYNX, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE BYNX CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE BYNX CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
7.2 Bynx uses reasonable efforts to ensure the accuracy, correctness and reliability of the Bynx Content, but we make no representations or warranties as to the Bynx Content's accuracy, correctness or reliability.
8. Limitation of Liability
8.1 IN NO EVENT SHALL BYNX, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE BYNX CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM BYNX, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO BYNX'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BYNX, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BYNX FOR ACCESS TO OR USE OF THE SITE.
8.2 Notwithstanding the foregoing, nothing in these Site Terms will exclude or limit our liability for fraud, for death or personal injury caused by our negligence or for any other liability which cannot be excluded or limited under applicable law.
9. Dispute Resolution and Governing Law
9.1 These Site Terms will be governed, construed and take effect in all respects in accordance with the laws of England.
9.2 Any dispute relating in any way to your use of the Site or the Bynx Content shall be subject to the exclusive jurisdiction of the English courts.
10.1 Notwithstanding any of these Site Terms, Bynx reserves the right, without notice and in its sole discretion, to terminate your account and/or to restrict or block your use of the Site.
11. Miscellaneous Provisions
11.1 These Site Terms (as varied from time to time in accordance with clause 12 below) constitute the sole record of the agreement between you and Bynx in relation to your use of the Site. Neither you nor Bynx shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Site Terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Bynx in respect of your use of the Site. Notwithstanding the foregoing, our licensors, advertisers or third-party content providers may be granted access to the Site by virtue of a separate written agreement with Bynx. If this applies to you, these Site Terms must be read in conjunction with such agreement which takes precedence over these Site Terms in the event of any conflict.
11.2 Failure or neglect by Bynx to enforce at any time any of the provisions of the Site Terms shall not be construed as a waiver of its rights. Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Bynx.
11.3 Bynx may transfer, cede, assign, sub-contract or otherwise deal with its rights and obligations under these Site Terms without notifying you or obtaining your consent. You may not transfer, cede, assign, sub-contract or otherwise deal with your rights and obligations under these Site Terms.
11.4 These Site Terms are for the benefit of you and Bynx and are not intended to benefit any third party or by enforceable by any third party. The exercise of Bynx’s and your rights in relation to these Site Terms is not subject to the consent of any third party.
11.5 If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
11.6 Any rights not expressly granted herein are reserved.
12. Changes to Site Terms
12.1 Bynx reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "Last Updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit this Site.
13. Contact Information
13.1 Questions or comments about the Site or Site Terms may be directed to Bynx at email@example.com or +44 (0)1789 471 600.