Banyards

Terms of use


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE


What’s in these terms?


These terms tell you the rules for using our website www.banyards.co.uk (our site).


Who we are and how to contact us


www.banyards.co.uk is a site operated by Banyard Consultants Ltd (“We”). We are a limited company registered in England under company number 3847976.  Our registered office at 28-30, Worship Street, London, EC2A 2AH. Our VAT number is GB 826 7615 08.


To contact us, please email info@banyards.co.uk.


By using our site you accept these terms


By using our site, you confirm that you accept these terms of use and that you agree to comply with them.


If you do not agree to these terms, you must not use our site.


We recommend that you print a copy of these terms for future reference.


There are other terms that may apply to you


These terms of use refer to the following additional terms, which also apply to your use of our site:



  • Our Privacy Policy

  • Our Acceptable Use Policy for use of the Banyard’s Portal, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

  • Our Cookie Policy is included in our Privacy Policy and which sets out information about the cookies on our site.


We may make changes to these terms


We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in January 2019.


We may make changes to our site


We may update and change our site from time to time. We will try to give you reasonable notice of any major changes.


We may suspend or withdraw our site


Our site is made available free of charge.


We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.


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


Our site is only for users in the UK


Our site is directed to people residing in the United Kingdom.  We do not represent that content available on or through our site is appropriate for use or available in other locations.


You must keep your account details safe


If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.


We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.


If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@banyards.co.uk.


How you may use material on our site


We are the owner or the licensee of all intellectual property rights in our 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 our site for your personal use and you may draw the attention of others within your organisation to content posted on our 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.


Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.


You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.


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


Do not rely on information on this site


The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.


Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.


We are not responsible for websites we link to


Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.


We have no control over the contents of those sites or resources.


Our responsibility for loss or damage suffered by you


Whether you are a consumer or a business user:



  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.


If you are a business user:



  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

  • We will not be liable to you 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, our site; or

    • use of or reliance on any content displayed on our site.



  • In particular, we 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; or

    • any indirect or consequential loss or damage.




How we may use your personal information


We will only use your personal information as set out in our privacy policy.


We are not responsible for viruses and you must not introduce them


We do not guarantee that our site will be secure or free from bugs or viruses.


You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.


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


Rules about linking to our site


You may link to our home page, provided you do so in a way that is fair and legal and does not damage our 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 our part where none exists.


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


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


We reserve the right to withdraw linking permission without notice.


If you wish to link to or make any use of content on our site other than that set out above, please contact info@banyards.co.uk.


Tracking Consent

Do you give consent for us to use cookies to track your session on our website? This allows us to analyse our site traffic in order to make improvements to the user experience. For more information, please see our Privacy Policy.

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE [BANYARDS’ PORTAL]

What’s in these terms?

This acceptable use policy sets out the terms that apply when you access or interact with the Banyards’ Portal.

Who we are and how to contact us

Our site is operated by Banyard Consultants Ltd (“We”). We are a limited company registered in England under company number 3847976.  Our registered office is 28-30, Worship Street, London, EC2A 2AH.  Our VAT number is GB 826 7615 08.

By using our site you accept these terms

By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

Our website Terms and our Privacy Notice also apply to your use of our site.

Portal Content

The Banyards’ Portal allows you to access information reports, data and test results to check and monitor the progress of work undertaken by third party contractors at your site.  You may only use the Banyards’ Portal for the purpose of accessing information in relation to Projects administered by us for you.

Access to the Banyards’ Portal

At the commencement of each Project you will be provided with a unique login password to enable you to access the Banyards’ Portal.  This will then enable you to review the current status on your various Projects.  You are responsible to ensure that the login password will only be given to those of your employees, agents or advisers whom you wish to access information from the Banyards’ Portal.

By accessing the Banyards’ Portal you will be able to review and download copies of information that are posted by us on your Client Portal.

Updating of Information

Information will be regularly updated by us and in any event within 7 days of verification by us of information provided by your contractors.

All information and data uploaded from time to time to your portal will be correct [at the time of upload].

If for any reason, outside our control, we are unable to upload information to the Banyard’s Portal then we will let you know by posting a message on our website and we will take all reasonable steps to minimise any delays in so doing.

If we fail to upload information to Banyards’ Portal in accordance with these terms and such failure arises from any delay on the part of your contractors or the supply by them of inadequate or incorrect information, then we shall have no liability to you arising from such delays or the uploading of incorrect or misleading information provided to us.

We may make changes to the terms of this policy

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

Breach of this policy

When we consider that a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the Banyards Portal.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Which country’s laws apply to any disputes?

The terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. By using our site you agree to the exclusive jurisdiction of the courts of England and Wales.

Effective Date

These Terms are effective from January 2019