INTRODUCTION

  • We are Boniface Enterprises Ltd, trading as BE Conservation, Heritage Conservation Community, (also referred to as HCC); a company registered in England at 10, Windsor Gardens, Bishop’s Stortford, Hertfordshire CM23 4PQ (Company Registration No.: 12936424).
  • We operate the websites http://www.beconservation.com and http://www.heritageconservationcommunity.com (the ‘Site’, or ‘Sites’), as well as any other related products and services that refer or link to these legal terms (the Legal Terms’) (collectively, the ‘Services’).
  • We operate BE Conservation providing heritage/building conservation training.
  • We operate the Heritage Conservation Community, being an online community and discussion forum.
  • You can contact us by mail to 10, Windsor Gardens, Bishop’s Stortford, Hertfordshire CM23 4PQ, England.

 

2.           DEFINITIONS:

Services1
The provision of any and all services by Boniface Enterprises Ltd, including but not limited to: one-to-one training; mentoring; small group training; organising and running conferences; corporate training.

Services2
The provision of an online discussion forum and community – presently called the ‘Heritage Conservation Community’.

Forum
Is a virtual space where individuals gather to discuss various topics.

User1
Is an individual who participates in the forum by creating an account, which serves as their unique identity within the community. NOTE Users can post messages, reply to existing threads, and engage in conversations with other members. They typically have the ability to customize their profile with a username and other personal information, and they contribute to the ongoing discussions and content of the forum.

User2
Is an individual, or group, or company, who purchases training sessions of any form.

You
The person or entity subscribing with us as user of the community, or services.

Training Session(s)
Organised periods of time (from one hour to a day, or several days), during which training will be delivered in accordance with the specific agreement as to that particular training session.  See also Services1.

Content
Refers to the information, experiences, and interactions that are shared and communicated among members and/or during training sessions. This can include:

·      Posts and Comments: Written contributions by users on various topics within the forum.

·      Threads: Conversations initiated by a user that others can contribute to.

·      Articles and Blogs: Longer pieces of writing providing in-depth information or opinions.

·      Media: Images, videos, and audio shared within the community and during training sessions.

·      Resources: Documents, guides, and other downloadable materials.

Administrator
Is a person who has the highest level of control over the entire forum. Their responsibilities typically include:

·      Technical Management: Overseeing the technical aspects of the forum, such as software installation, updates, and maintenance.

·      User Management: Creating user policies, managing member issues, and sometimes moderating content alongside moderators.

·      Layout and Design: Customizing the appearance and structure of the forum to enhance user experience.

·      Security: Ensuring the forum’s security against cyber threats and handling data protection.

·      Policy Enforcement: Establishing and enforcing the forum’s rules and guidelines.

·      Staff Supervision: Recruiting and managing a team of moderators who help maintain the forum’s daily operations.

Community
Refers to a group of individuals who interact with each other primarily via the internet.

Community Member
Refers to a user who engages with other members of the Community, typically share common interests or goals, and come together in a digital space to interact, share knowledge, and build relationships. Members can engage in discussions, exchange ideas, and foster connections.

Harmful Content
This can be legal but still harmful, such as the promotion or encouragement of self-harm, eating disorders, or content that is inappropriate for children, like pornographic material or graphic violence.

Abusive Content
Behaviour or content that constitutes harassment, cyberbullying, or hate speech. This can also include personal attacks, threats, and other forms of intimidation that may not reach the threshold of a criminal offense but are nonetheless damaging.

Illegal Content
Material that shows or encourages child sexual abuse, terrorism, or other extreme violence. It also includes content that is restricted and should not be accessed by minors.

Malicious Content
Refers to any material that is intended to cause harm, disruption, or unauthorized access to users’ data or the forum itself. This includes:

·      Viruses and Malware: Software designed to damage or disable computers and systems.

·      Phishing Links: Attempts to steal sensitive information by masquerading as a trustworthy entity.

·      Spam: Unsolicited messages that can be disruptive and often contain harmful links or deceptive information.

·      Hate Speech: Content that promotes hatred or violence against groups based on race, religion, gender, or other characteristics.

·      Harassment: Repeatedly sending offensive, rude, or intimidating messages to target individuals.

·      Defamatory Statements: False claims that can damage someone’s reputation.

Consequential Loss
Includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Force Majeure Event
Any event or circumstance which is beyond a Party’s reasonable control.

Intellectual Property
Any copyright, registered or unregistered designs, patents or trademarks, business names, get-up, goodwill, domain names, know-how, inventions, processes, trade secrets or Confidential Information, circuit layouts, software, computer programs, databases, or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements, or modifications of, the foregoing.

Intellectual Property Right
For the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future, including in respect of Intellectual Property.

Liability
Any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.

Moral Rights:
Any moral rights, including those conferred by Chapter IV of the Copyright, Designs and Patents Act 1988.

 

3.           DUTIES

  • We shall use reasonable skill and care in the provision of the Services. Notwithstanding anything to the contrary contained in these terms of use, the terms shall not be construed as owing any greater duty than the use of reasonable skill and care.
  • Other than as set out in in this document, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of the Services, we do not guarantee any particular results.
  • If for any reason we are unable to provide the Services, we will provide you with as much notice as possible.
  • Where the Services are for a specific training session, we shall reschedule the Session for a time to be mutually agreed.

 

4.           USER CONDUCT

·        Agreement To Our Legal Terms

  • These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’), and Boniface Enterprises Ltd, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these legal terms, then you are expressly prohibited from using the services and you must discontinue use immediately.
  • Please read these Terms carefully before you accept these Terms.
  • We may amend these Terms at any time, by providing written notice to you. We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by heritagecc@gmail.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. If you do not agree to the amendment, you may delete your Account in accordance with the termination clause.
  • If you think that there is a mistake in these Terms, require any changes to these Terms or have any complaints about the Platform, please contact us to discuss (using our contact details).
  • We recommend that you print a copy of these Legal Terms for your records.

 

5.           USER REGISTRATION

  • You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

·             Account

  • You will require an account to access the Community’s features.
  • Clients must register and create an Account. You must provide basic information when registering for an Account including your contact name, telephone number, and email address, and you must choose a password.
  • Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
  • All personal data you provide to us will be treated in accordance with our Privacy Policy.
  • You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal, and you must not transfer it to others.
  • You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
  • You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time All payments shall be in British Sterling.
  • We may make access to and use of certain parts of the Community subject to conditions or requirements, including cancellation history, quality of services and threshold of reviews.
  • You agree to pay all subscriptions at the rates then in effect, and you authorise us to charge your chosen payment provider for any such amounts upon commencement and/or renewal of your subscription.
  • We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
  • We reserve the right to refuse any subscription.

·             Billing and Renewal

  • Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.
  • We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor, Stripe.
  • For Services where there is a specific payment agreed (e.g. training sessions), an invoice will be raised and terms for settlement are 14 days nett after which interest will be charged at 8% per annum.

·             Fee Changes

  • We may, from time to time, make changes to the subscription and other fees and charges, and will communicate any price changes to you in accordance with applicable law.

·             Cancellation

  • You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

·             Refunds Policy

  • All sales are final, and no refund will be issued.
  • The only exception is if we remove a Service for any reason, a refund will be offered if an alternative Service is not available.

 

 

·             Services

  • All Services are subject to availability. We reserve the right to discontinue any Service at any time for any reason.
  • Prices for all Services are subject to change.

 

6.           USER RESPONSIBILITIES

·        Users Must:

  • Abide by all applicable laws and regulations.
  • Refrain from posting harmful, abusive, or illegal content.
  • Respect other users’ rights and privacy.
  • Report any violations promptly.

·             Use Of Services

  • By using the Services, you represent and warrant that:
    • all registration information you submit will be true, accurate, current, and complete;
    • you will maintain the accuracy of such information and promptly update such registration information as necessary;
    • you have the legal capacity, and you agree to comply with these Legal Terms;
    • you are not a minor in the jurisdiction in which you reside;
    • you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
    • you will not use the Services for any illegal or unauthorised purpose; and
    • your use of the Services will not violate any applicable law or regulation.
  • If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

 

7.           Content Moderation and Reporting:

·             Moderation

  • Our community is moderated to ensure a safe, constructive, and lawful environment. Moderation may involve reviewing, editing, moving, or deleting content that does not comply with our community standards and terms of use. We strive to maintain a balance that fosters free expression while upholding the quality and integrity of the forum discussions.

·             Reporting

  • Members are encouraged to report any content they believe violates our community guidelines. To report content, please use the ‘Report’ feature found on posts and profiles or contact a moderator directly. All reports are confidential and will be reviewed promptly by our moderation team.

·             Monitoring & Actions

  • We reserve the right, but not the obligation, to review and monitor the Services for violations of these Legal Terms.
  • The moderation team may take necessary actions, which include but are not limited to:
    • Issue warnings to the offending member.
    • Temporarily or permanently restricting posting privileges.
    • Removing the content in question.
    • Banning the member from the community.
    • Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities.
    • In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
    • In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
    • Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

·             Appeals

  • Members have the right to appeal moderation decisions by contacting us by post or email. Appeals will be considered on a case-by-case basis, and decisions on appeals are final.

·             Responsibility

  • While we have a dedicated moderation team, we rely on our community members to help maintain the standards of the forum. By joining and using this forum, you agree to abide by these moderation and reporting guidelines.

·             Corrections

  • There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

 

8.           Social Media

·             Reviews

  • We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:
    • you should have firsthand experience with the person/entity being reviewed.
    • your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language.
    • your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
    • your reviews should not contain references to illegal activity.
    • you should not be affiliated with competitors if posting negative reviews.
    • you should not make any conclusions as to the legality of conduct.
    • you may not post any false or misleading statements.
    • you may not organise a campaign encouraging others to post reviews, whether positive or negative.
  • We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
  • Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
  • By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty- free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

·             Third Party Accounts

  • No linking to Third Party Accounts is permitted.

 

9.           Data Protection

·             Commitment to Data Protection:

  • Boniface Enterprises Ltd is fully committed to complying with the General Data Protection Regulation (GDPR) and all relevant UK data protection laws. We are dedicated to safeguarding the personal data of our members and ensuring their privacy rights are respected.
  • By continuing to use the Services, you agree to your data being used as described in the following section.

·             Personal Data Usage:

  • We collect, use, and process personal data in accordance with the GDPR and only for the purposes outlined in our Privacy Policy. We ensure that the data we collect is:
    • Processed lawfully, fairly, and transparently.
    • Collected for specified, explicit, and legitimate purposes.
    • Adequate, relevant, and limited to what is necessary.
    • Accurate and kept up to date.
    • Stored no longer than necessary.
    • Protected against unauthorized or unlawful processing, accidental loss, destruction, or damage using appropriate technical or organizational measures.
  • We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services.
  • Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.
  • You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

·             Members’ Rights:

  • Under the GDPR, members have the right to:
    • Access their personal data.
    • Rectify inaccuracies in their data.
    • Erase their data.
    • Restrict processing of their data.
    • Object to processing of their data.
    • Data portability.

·             Reporting and Breach Notification:

  • In the event of a personal data breach, we will notify the relevant supervisory authority within 72 hours, unless the breach is unlikely to result in a risk to the rights and freedoms of individuals. Where the breach is likely to result in a high risk to these rights and freedoms, we will also communicate the breach to the affected individuals without undue delay.

·             Changes to Data Protection Practices:

  • We reserve the right to update our data protection practices and this clause to reflect any changes in legislation or best practices. Members will be informed of any significant changes to data processing activities.

·             Contact Information:

  • For any inquiries regarding data protection and GDPR compliance, please contact us by post or email.

 

10.        AGE RESTRICTIONS:

  • The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

 

11.        PROHIBITED ACTIVITIES

  • You may not access or use the Services for any purpose other than that for which we make the Services available.
  • The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
  • As a user of the Services and Community, you agree not to:
    • Systematically retrieve data or other content from the Services or Community to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
    • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
    • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
    • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
    • Use any information obtained from the Services or Community in order to harass, abuse, or harm another person. Nor through use of the Services defame, harass, threaten, menace, or offend any
    • Do anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal
    • Make improper use of our support services or submit false reports of abuse or misconduct.
    • Use the Services in a manner inconsistent with any applicable laws or regulations, or unlawful
    • Engage in unauthorised framing of or linking to the Services.
    • Tampering with or modifying the community by uploading or transmitting (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
    • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
    • Delete the copyright or other proprietary rights notice from any Content.
    • Attempt to impersonate another user or person or use the username of another user.
    • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ’perns’).
    • Upload or transmit any violent, pornographic, offensive comments that are connected to race, national origin, gender, sexual preference, mental or physical handicap, or material that could constitute cyber bullying, harassment, or hate speech.
    • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
    • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
    • Use the Services to send unsolicited electronic
    • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
    • Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
    • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
    • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
    • Use a buying agent or purchasing agent to make purchases on the Services.
    • Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
    • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
    • Use the Services to advertise or offer to sell goods and services, other than as permitted within the terms of the use of the community, contained in the rules of the community.
    • Sell or otherwise transfer your profile.
    • Facilitating or assisting a third party to do any of the above

 

12.        Liability and Disclaimers:

·             Disclaimer

  • The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • We make no warranties or representations about the accuracy or completeness of the services’ content or the content of any websites or mobile applications linked to the services, and we will assume no liability or responsibility for any
    • errors, mistakes, or inaccuracies of content and materials,
    • personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services,
    • any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
    • any interruption or cessation of transmission to or from the services,
    • any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or
    • any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services.
  • We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
  • As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

·             Limitations Of Liability

  • In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data. Or other damages arising from your use of the services, even if we have been advised of the possibility of such damages.
  • Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.
  • Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

·             Indemnification

  • You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
    • your Contributions;
    • use of the Services;
    • breach of these Legal Terms;
    • any breach of your representations and warranties set forth in these Legal Terms;
    • your violation of the rights of a third party, including but not limited to intellectual property rights; or
    • any overt harmful act toward any other user of the Services with whom you connected via the Services.
  • Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

13.        Intellectual Property:

·             Our Intellectual Property

  • We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ’Marks’).
  • Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United Kingdom and around the world.
  • The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use or internal business purpose only.

·             Your Use Of Our Services

  • Subject to your compliance with these Legal Terms, including the ‘Prohibited Activities’ section above, we grant you a non-exclusive, non-transferable, revocable licence to access the Services; and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.
  • Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
  • If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: heritagecc@gmail.com.
  • If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
  • We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
  • Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

·             Your Submissions And Contributions

  • Please review this section and the ‘Prohibited Activities’ section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
  • Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (’Submissions’), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
  • Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (‘Contributions’). Any Submission that is publicly posted shall also be treated as a Contribution.
  • You understand that Contributions may be viewable by other users of the Services.
  • When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.
  • This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
  • You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
    • confirm that you have read and agree with our ‘Prohibited Activities’ and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading.
    • to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution.
    • warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
    • warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
  • You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
  • We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

·             Copyright Infringement

  • We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the ‘Copyright Infringements’ section below.
  • A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
  • All intellectual property (including copyright) developed, adapted, modified, or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
  • We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
  • You must not, without our prior written consent:
    • copy, in whole or in part, any of Our Intellectual Property;
    • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any of Our Intellectual Property to any third party; or
    • breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

 

14.        USER GENERATED CONTRIBUTIONS

  • The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ’Contributions’). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
    • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
    • You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
    • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
    • Your Contributions are not false, inaccurate, or misleading.
    • Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
    • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
    • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
    • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
    • Your Contributions do not violate any applicable law, regulation, or rule.
    • Your Contributions do not violate the privacy or publicity rights of any third party.
    • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
    • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, mental or physical handicap.
    • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
  • You agree that you are solely responsible for all User Content that you make available on or through the Platform, including on social media using a Tag.
  • We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
  • Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination, or suspension of your rights to use the Services.

 

15.        CONTRIBUTION LICENCE

  • By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non­ exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
  • This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
  • We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
  • We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

16.        Termination and Suspension:

·             Term And Termination

  • These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these legal terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these legal terms or of any applicable law or regulation. We may terminate your use or participation in the services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
  • If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
  • Clients may terminate their Account and these Terms at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings. Your cancellation will take effect immediately.
  • We may terminate these Terms, or cease providing the Platform, at any time, with 30 days’ written notice.
  • These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
    • the other Party (Defaulting Party) breaches a material term of these Terms, and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
    • the Defaulting Party is unable to pay its debts as they fall
  • Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.
  • Upon expiry or termination of these Terms:
    • we will remove your access to the Platform and your Account will be deleted;
    • we will immediately cease providing access to the Community;
    • where we terminate the Terms as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.
  • Where termination is due to our breach of these Terms, we agree to refund you for any prepaid subscription.
  • Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

·             Modifications and Interruptions

  • We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
  • We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.
  • We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.
  • You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
  • Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

·             Force Majeure

  • We shall not be in breach of this agreement, nor liable to you as a result of any delay or failure to perform the Services and/or our obligations under these terms of use as a result of a Force Majeure event. For the purpose of this agreement, a Force Majeure event is an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes, government actions, failure of a utility service, a public or private telecommunications network or a transport network, act of God, war, riot, civil commotion, epidemic or pandemic, malicious damage, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
  • If the Force Majeure event prevents us from providing the Services and/or its obligations under these terms of use for more than 8 weeks, we shall, without limiting our other rights or remedies, have the right to terminate these terms of use immediately by giving written notice to the Client.

 

17.        Compliance with the Online Safety Act (2023):

·             Commitment to Online Safety:

  • Boniface Enterprises Ltd is committed to providing a safe online environment for all users. We fully comply with the Online Safety Act (2023) and adhere to the principles and guidelines set forth by the Act to protect our users from illegal, harmful, and abusive content.

·             User Protection:

  • We have implemented robust measures to identify, remove, and prevent the spread of illegal content and to protect children and other vulnerable users from harm. Our platform employs age verification systems, content moderation practices, and clear reporting mechanisms to uphold the highest standards of online safety.

·             Transparency and Accountability:

  • In line with the Act, we maintain transparency about our content moderation policies and practices. We publish regular reports detailing our efforts to combat harmful content and ensure user safety.

·             User Rights:

  • Our terms of service include details of users’ rights in relation to content removal, account suspension, or bans, and provide clear avenues for users to appeal such actions or bring claims for breach of contract in accordance with the Act.

·             Ongoing Engagement:

  • We actively engage with regulatory updates and participate in consultations to continuously improve our online safety practices. We are dedicated to adapting our policies and operations to meet the evolving standards of the Online Safety Act.

 

 

 

18.        ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

  • Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
  • You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services.
  • You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

19.        Governing Law and Jurisdiction:

·             International Use

  • The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

·             Governing Law

  • These Legal Terms are governed by and interpreted following the laws of England and Wales, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence.
  • Boniface Enterprises Ltd and yourself both agree to submit to the non-exclusive jurisdiction of the courts of London, which means that you may make a claim to defend your consumer protection rights in regard to these Legal Terms in England, or in the EU country in which you reside.

 

20.        DISPUTE RESOLUTION

·             Disputes

  • If you have an issue with another user on the Platform, please let us We will either attempt to resolve the issue for you, or we may put you in touch with the other Party so that you can resolve the dispute directly with the other Party, in good faith.
  • In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.

·             Informal Negotiations

  • To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a ‘Dispute’ and collectively, the ‘Disputes’) brought by either you or us (individually, a ‘Party’ and collectively, the ‘Parties’), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

·             Binding Arbitration

  • Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, England. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of England.

·             Restrictions

  • The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

·             Exceptions to Informal Negotiations and Arbitration

  • The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration:
    • (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
    • (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and
    • (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

21.        MISCELLANEOUS

·             General

  • These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.
  • These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
  • If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.
  • There is no joint venture, partnership. employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
  • You agree that these Legal Terms requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

·             Entire Terms

  • Subject to any of your consumer law rights, these Terms contain the entire understanding between the Parties contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersede and extinguish all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, whether written or oral, in respect of its subject matter.
  • Each Party agrees that it will have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms.

·             Further Assurance

  • Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their/your obligations under it.

·             Notices

  • Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account.
  • Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

·             Privacy

  • We will handle your personal data in accordance with our Privacy Policy, available on our website.

·             Severance

  • If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

·             Third party sites

  • The Services may contain links to websites operated by third Unless we tell you otherwise, we do not control, endorse, or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.
  • If you purchase goods or services from a third-party website linked from the Services, such third party provides the goods and services to you, not us.

 

 

 

22.        CONTACT

We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Boniface Enterprises Ltd

10, Windsor Gardens, Bishop’s Stortford, Hertfordshire CM23 4PQ England

OR email to:

stephen.heritagecc@gmail.com

 

Last Edited: 30 March 2024