Parties

Benchmark“, “we“, “us” means Benchmark Holdings Plc, its subsidiary companies and associated companies and its agents and employees. “You” or “User” means the person specified as the user in the registration form or the person visiting the Site.

www.benchmarkplc.com is a site operated by Benchmark. Benchmark is registered in England and Wales under company number 04115910 with the registered office address:

Benchmark House

8 Smithy Wood Drive

Sheffield

S35 1QN

Your Agreement


All content on this website (the “Site”) is owned and operated by Benchmark and is made available to you for information purposes only. By accessing or using the Site, you agree to these terms and to Benchmark’s Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

If you do not agree to these terms, you must not use the Site.

Intellectual property rights

Benchmark is the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Benchmark’s status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.

You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from Benchmark or Benchmark’s licensors.

If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at Benchmark’s option, return or destroy any copies of the materials you have made.

Disclaimer

While Benchmark has made every attempt to ensure that the information contained on the Site is accurate and reliable at the time of its publication, it cannot accept responsibility for any errors, omissions or inaccuracies or for the results obtained from the use of such information.

The information on the Site and its associated websites should be used for guidance and educational purposes only and is not intended to replace discussions with a veterinarian or other qualified animal health and husbandry professionals. Each case or situation is unique and users are advised that definitive advice can only be provided from the appropriate professionals.

Information on the Site may be incomplete, out-of-date, or incorrect and may contain technical inaccuracies or typographical errors.

Information may be changed or updated without notice. The information contained herein is provided “as is” without any express and/or implied representations or warranties. Benchmark disclaims all warranties with regard to the information contained on the Site including all implied warranties of merchantability and fitness for a particular purpose. Benchmark may change or make improvements to the products and/or the services described at any time without notice but does not assume any responsibility to update it.

Benchmark does not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. Benchmark may suspend, withdraw, discontinue or change all or any part of the Site without notice. Benchmark will not be liable to you if for any reason the Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Site.

You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Limitation of our liability

Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, Benchmark excludes all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.

Benchmark will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Site; or
  • use of or reliance on any content displayed on the Site

If you are a business user, please note that in particular, Benchmark will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; and/or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Benchmark will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

Benchmark assumes no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. Benchmark will not be liable for any loss or damage that may arise from your use of them.

Viruses

Benchmark does not guarantee that the Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. Benchmark will report any such breach to the relevant law enforcement authorities and Benchmark will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

Linking to the Site

You may link to the Site’s home page, provided you do so in a way that is fair and legal and does not damage Benchmark’s reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Benchmark’s part where none exists.

You must not establish a link to the Site in any website that is not owned by you.

The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.

We reserve the right to withdraw linking permission without notice.

Payment for services (where applicable):

Although most of the services on the Site are available for free, you agree to pay any fee for any services that you use which are not free of charge. Benchmark will notify you in all cases if the service you are trying to access is not free and give you the opportunity to choose to pay the fee for such a service (there are currently no fee based services on the Site).

Username (email address) and password (where applicable):

You are responsible for all use of any services made using your email address and password. You are responsible for protecting and securing your password from unauthorised use. If you believe there has been a breach of security of your password you should notify Benchmark immediately, or change the password using the facilities provided. You must not disclose your password to any third party to allow them gain access to the registered service.

The user agreement allows only one user per registration. It is strictly forbidden for your access details to be used by another person to allow them into the registration areas. Benchmark has the ability to monitor access to the Site and reserves the right to cancel, without warning, any user abusing this agreement.

Links

In addition to locally mounted information, hyperlinks are provided to external websites and/or information sources as a service to you. All links are provided consistent with the academic mission of Benchmark. The appearance of external hyperlinks shall not be taken as implying any connection between Benchmark and the linked external information sources. These external information sources are outside Benchmark’s control. It is your responsibility to make your own decisions about the accuracy, reliability and/or correctness of the information contained therein. The appearance of external hyperlinks does not constitute an endorsement by Benchmark of the linked web sites, or the information, products or services contained therein nor does Benchmark exercise any editorial control over the information which you may find at these locations.

Cautionary Language Regarding Forward-Looking Statements

The Site contains “forward-looking statements”. These statements, at the time they were made, were based on then-current expectations of future events. If any of those underlying assumptions prove or have proven to be inaccurate or unknown or if risks or uncertainties materialise or have materialised, actual results could vary or already may have varied materially from Benchmark’s expectations and projections in these statements.

Securities of Benchmark

Benchmark is not providing investment advice through the Site, and the material on the Site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of Benchmark. The Site does not purport to give investment advice. Material contained within the Site has been prepared by Benchmark using sources believed to be reliable and accurate but which cannot be warranted to be completely accurate. The information on the Site is subject to change without notice, but there is no requirement to update such information. The Site is provided for your use without any warranties (whether express or implied) of any kind. No liability is accepted for any inaccuracies in these pages or for any loss or damage consequent on action taken reliant on information contained therein. The material on the Site reflects past performance and historical information only and such performance and information is not necessarily an indication of future performance.

Modification of the Site and these terms

By providing material on the Site, Benchmark does not promise that the materials will remain available to you. Benchmark is entitled to terminate all or any portion of the Site at any time, without notice to you. Benchmark also reserves the right to change the terms, conditions, and notices for the Site at any time by updating this posting. Your use of the Site following any such changes will constitute your consent to such modified terms. You agree to review these terms regularly to verify for changes. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages on the Site.

Termination of this Agreement

This agreement is effective until terminated by either party. You may terminate the agreement at any time, by destroying all materials obtained from the Site, along with all related documentation and all copies and installations. Benchmark may terminate this agreement at any time and without notice to you if, in its sole judgement, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and Benchmark regarding all aspects of your use of the Site.

Applicable law

If you are a consumer, please note that these terms, their subject matter and their formation, are governed by English law. You and Benchmark both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You and Benchmark both agree to the exclusive jurisdiction of the courts of England and Wales.

Trade marks

“Benchmark” is a UK registered trade mark of Benchmark.

Contact us

To contact us, please email info@bmkholdings.com.

©Benchmark Holdings plc. All rights reserved.