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The botham.co.uk website is offered as a free service to you, the
user. You have the opportunity to take independent legal advice
on the terms of this agreement before continuing to use it. Your
use of this website and/or your acceptance of these terms, conditions,
and notices without modifying them constitutes agreement by you
to all of these terms, conditions, and notices. Only those who enter
into this agreement are authorised to use this website.
The information provided on this website is intended for use only
in the England & Wales. However, if you would like to see a
copy of the material on this site including this agreement in another
language prior to proceeding please contact us immediately and we
will arrange for a translation to be provided at your cost.
In proceeding you warrant that you believe this agreement terms
to be reasonable in its entirety.
ABOUT US
The website is operated by E.Botham & Sons Ltd. A limited company
registered in London 1059459 whose registered office is at 35/39
Skinner Street, Whitby, North Yorkshire, YO21 3AH.
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COPYRIGHT AND TRADEMARK NOTICES
All of the our logos are the property of E.Botham & Sons Ltd.
Other product and company names mentioned on the website or on other
websites accessed through the website may be the trademarks of their
respective owners. All contents of this website are copyright ©2001
E.Botham & Sons Ltd., are protected by database rights and may
also be protected by other means.
No part of the site may be reproduced in any form whether electronically
or otherwise without the prior written consent of E.Botham &
Sons Ltd., other than temporarily as one single copy to print out
for personal use, or in the cache of your computer in the course
of using the website.
You must retain all copyright or trademark notices contained on
this site on any copy you make of it or part of it. You may not
sell or modify what is on the site or reproduce, display, publicly
perform, distribute, or otherwise use the material on it in any
way for any public or commercial purpose. The use of the material
on any other website or in a networked computer environment for
any purpose is prohibited.
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DATA PROTECTION
E.Botham & Sons Ltd. is notified to process data under the Data
Protection Act 1998. You consent to use of any personal details
you give for internal administrative purposes, for marketing, and
for release to third parties either for gain or without charge.
Data could be transmitted outside the UK but E.Botham & Sons
Ltd. will at all times adhere to the data protection principles
outlined in the Data Protection Act 1998. If you give fax, phone
or e-mail details you authorise E.Botham & Sons Ltd. or its
associates to contact you using that method. If you decide that
you no longer wish us to communicate with you, or the details we
hold on you change, or you decide to register with the Telephone
Preference Service or Fax Preference Service in the UK or any equivalent
you agree to tell us to enable us to update our records.
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LIMITATION ON TYPES OF USE
You may not modify, copy, distribute, disable, transmit, display,
perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, products or services obtained
from this website. You may not use the site for anything other than
the purpose outlined in this access agreement and you may not use
spiders or other robotic software tools to gather information from
the website.
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LIABILITY DISCLAIMER
NB Please Read Carefully as this Clause Limits your Ability to Claim
Damages
The main purpose of the website is to provide information about
Botham's products and it is intended to show the range and depth
of bakery production expertise within Whitby, Yorkshire. E.Botham
& Sons Ltd. uses reasonable care to check the accuracy of information
published on this website. You should note however that E.Botham
& Sons Ltd. does not give any warranty that any information
will be accurate or up-to-date and the user acknowledges that the
information, products, and services published on this website may
include inaccuracies or typographical errors. In particular, and
without limitation to the rest of this agreement, E.Botham &
Sons Ltd. is not able to guarantee that its service will continue
or be accurate during time of server failure. In particular we cannot
guarantee that the opening hours at our visitor centre and shop
are correct and from time to time we have to close the site to visitors.
If you are travelling to see us please telephone first to check
that we can accommodate you.
Information contained in, or accessible via, the website changes
on a regular basis. E.Botham & Sons Ltd. and/or its associates
may make improvements or alterations to this website at any time
and without notice. E.Botham & Sons Ltd. can not warrant that
use of the site will be free from virus contamination and you should
take adequate steps to ensure that you virus check regularly when
using the site.
E.Botham & Sons Ltd. makes no representations about the suitability
of the information, products, and services contained on, or accessed
via, this website for any purpose. All warranties, terms and conditions
with regard to this information, products, and services, including
all warranties, terms and conditions, implied by statute, collaterally
or otherwise, of satisfactory quality, fitness for a particular
purpose, title, and non-infringement are excluded to the fullest
extent permitted by law.
E.Botham & Sons Ltd. shall not in any event be liable for any
damages (whether indirect, incidental, special, consequential or
otherwise) arising out of, or in any way connected with, the use
of this website, or with any delayed access to, or inability to
use this website, or for any information, products, and services
obtained through this website, or otherwise arising out of the use
of this website, whether based on contract, tort, strict liability
or otherwise, even if E.Botham & Sons Ltd. has been advised
of the possibility of damages. This does not affect the statutory
rights of any person dealing as a consumer nor shall anything in
these terms and conditions exclude or limit liability for death
or personal injury caused by negligence or for fraudulent misrepresentation.
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LINKS TO THIRD-PARTY SITES
This website may contain hyperlinks to websites operated by parties
other than E.Botham & Sons Ltd. These hyperlinks are provided
for reference only. E.Botham & Sons Ltd. does not control these
websites and is not responsible for their contents.
The inclusion of hyperlinks to these websites does not imply any
endorsement of the material on them or any association with their
operators. In particular, and without limitation to the rest of
this agreement, E.Botham & Sons Ltd. has no control over any
newsgroups, chat rooms or e-mail discussion forums which you may
come across via this site. Additionally, and again without limitation
to the rest of this agreement, you should not download pornographic,
racist, alcohol-related or obscene material from the internet without
first checking that it is legal to do so in your jurisdiction.
E.Botham & Sons Ltd. reserves the right to remove any hyperlink
at any time and without notice and shall not be obliged to give
a reason for doing so. If you become concerned about the content
of a site linked to or from the botham.co.uk site please inform
E.Botham & Sons Ltd. immediately via e-mail to webmaster@botham.co.uk.
If your complaint is about unsuitable content you may also consider
reporting the matter to the Internet Watch Foundation who can be
contacted via their website at http://www.iwf.org.uk/.
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MESSAGES FROM E.BOTHAM & SONS LTD. AND
ITS ASSOCIATES
Any e-mail or other form of communication between representatives
of E.Botham & Sons Ltd. and other parties will be deemed covered
by the terms of this agreement.
MESSAGES TO E.BOTHAM & SONS LTD.
You are responsible for your own communications and are responsible
for the consequences of their posting. If you submit information
to us, by doing so you give us a non-exclusive royalty free licence
to use it.
Without limit to the legal requirements already imposed on you,
you must not (and by e-mailing us you agree not to) do the following
things: post material that reveals trade secrets (unless you own
them or have the permission of the owner and the owner does not
object to them entering the public domain); post material that infringes
on any other intellectual property rights of others, which breaches
the professional ethics of a profession or the privacy of others;
post material that is obscene, defamatory, threatening, harassing,
abusive, sexually explicit or discriminatory; or pretend to be another
person.
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NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this website, you warrant to E.Botham
& Sons Ltd. that you will not use this website for any purpose
that is unlawful or prohibited by these terms, conditions, and notices.
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ORDERING ONLINE
We only accept orders online on our standard terms
& conditions for online sales.
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OTHER GENERAL TERMS
This agreement is governed by the laws of England, where the website
originates and is designed to be accessed and is deemed to be made
in England. You hereby consent to the exclusive jurisdiction of
the English courts in all disputes arising out of or relating to
the use of this website. Use of this website is unauthorised in
any jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and E.Botham & Sons Ltd. as
a result of this agreement or use of this website. Each and every
provision of this agreement is separate and severable. If any part
of this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set out above, then the validity and enforceability
of the remainder of the terms and conditions shall not be affected.
This agreement (together with our terms & conditions of online
trading should you choose to order from us) constitutes the entire
agreement between you and E.Botham & Sons Ltd. with respect
to this website and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written, between you
and E.Botham & Sons Ltd. with respect to this website. A printed
version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. Any rights
not expressly granted herein are reserved. You will be responsible
for all charges, fees, duties, taxes, and assessments arising out
of the use of this website.
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VARIATIONS IN COLOUR AND SIZE
In proceeding to view this site you agree that there may be variations
between the products shown on the site and the actual products themselves.
In particular the reproduction of colours on the internet cannot
be guaranteed and items may appear larger or smaller when photographed
and placed onto the site. If you would like to know the exact colour
or dimensions of an item at any time please e-mail sales@botham.co.uk
with a contact telephone number and the exact name of the item you
are enquiring about.
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Variation of these Terms and Conditions
E.Botham & Sons Ltd. reserves the right to change the terms,
conditions, and notices under which this website is offered. We
will do this by altering the access agreement on our website and
this alteration will then be of immediate effect. For this reason
you should regularly visit the access agreement on the site as the
current version will be binding on you.
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