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Terms of Use
This
website ("Website") is owned and operated by Bishopstrade Limited
("BISHOPSTRADE" or "we" or "us"). BISHOPSTRADE
LIMITED is a company, registered in Mauritius under number 066912 at Level
2, Max City Building, Remy Ollier Street, Port Louis, Mauritius.
Your
use of this website will be governed by the terms and conditions set out
below and the terms of our privacy policy ("Terms and Conditions").
Please read them carefully.
Where you use this Website to order specific goods and services from us,
additional terms and conditions may apply to your order. Any additional
terms and conditions that apply will be brought to your attention when
you place an order.
We reserve
the right to change these Terms and Conditions at any time without notice
by posting changes on the Website. It is your responsibility to familiarise
yourself with the Terms and Conditions regularly to ensure that you are
aware of any changes. Your use of the Website after a change has been
posted will signify your acceptance of the modified Terms and Conditions.
If you do not agree with these Terms and Conditions, please do
not use this Website.
Contents
· Intellectual property
· Disclaimer
· Links to third party websites
· Communications via the website
· Changes to website
· Entire agreement
· Severance
· Law and jurisdiction
1. Intellectual property
1.1 Copyright All Website design, text, graphics and the selection and
arrangement of them are either Copyright © 2008, Bishopstrade Limited
or its third party licensors. All rights are reserved.
All the application software known as Boffin/Open Standard Edition, Boffin2/Open
Standard Edition and Boffin/Open Customs Edition; including absolutely
all Boffin predecessors, successors, variations, derivatives, designs,
formulea, screen formats, report formats and documentation, whether in
electronic or physical form, without exception. All of the application
software comprising The System, New Software and Additional Software is
covered by International Copyright & Intellectuel Property Rights
and is the sole and absolute property of Mr. Andre-Regis Claeys. (UK ©
CS - Boffin Customs/Freight Software registration 281702).
1.2 Trade Marks
All trading names, brand names, products and service names and titles
and copyrights used in the Website are trade marks, trade names and service
marks or copyrights of their respective holders. No permission is given
by us for their use by any person other than such holders and such use
may constitute an infringement of the holders' rights.
1.3 Restricted Use of Website Content
Permission
is granted to electronically copy or print portions of this Website for
your own personal, non-commercial use. Any other use of materials on this
site without our prior written consent is strictly prohibited.
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2. Disclaimer
2.1 We do not warrant that the Website will be available at all times
or that it is virus or error free. Whilst we make all reasonable attempts
to exclude viruses from the Website, we cannot ensure such exclusion and
no liability is accepted for viruses. You are therefore recommended to
take all appropriate safeguards before downloading information or images
from the Website.
2.2 The Website is for information purposes only and is provided on an
"as is" basis. We accept no liability for the accuracy, completeness,
currency or truth (save for fraudulent representations) of any of the
information contained in the Website or for any reliance placed by any
person on such information.
2.3 Any advice given on this Website is for guidance purposes only. Any
such advice should not be relied upon or used as a substitute for legal
or other professional advice on your specific requirements.
2.4 Except as stated herein, all warranties, terms and conditions, whether
express or implied, statutory or otherwise relating to information and
material on this site or sites accessed through this site are excluded
to the extent permitted by law. Any applicable warranties will be set
out in our terms and conditions relating to the provision of our goods
or services.
We will not, and our suppliers and licensors will not, be liable whether
in contract, tort or otherwise for any loss or damage which:
i. arises other than through our negligence or the negligence of our employees
agents or contractors; or
ii. is not a reasonably foreseeable consequence of our negligence; or
iii. is any business loss including but not limited to loss of revenue
or loss of profits or loss of anticipated savings or wasted expense or
data being lost or harmed or for any indirect, special or consequential
loss or damage of any kind arising from access to or any use of the information
and material contained on this site or any site you may access through
this site.
We do not restrict or exclude our liability for:
i. personal injury or death directly caused by us or our employees whilst
acting in the course of their employment with us or for fraud;
ii. physical damage to your personal property up to USD 100,000 due to
any one event or series of connected events where such damage is due to
our negligence or the negligence of our employees, agents or contractors
acting in the course of their employment with us;
iii. any of our liabilities which cannot by law be excluded or restricted.
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3. Links to third party
websites
3.1 Certain links on the Website may lead to other websites - which are
not under our control. The use of third party websites is entirely at
your own risk and we accept no liability for the content of any linked
site or any link contained in a linked site. Links provided on the Website
are provided to you only as a convenience and the inclusion of any link
does not imply reliability and endorsement by us of the content of any
third party's website.
3.2 These Terms and Conditions do not apply to any third party website
linked to the Website. You should read the terms and conditions of those
websites before using them and direct any questions or comments about
the linked website's contents to the relevant website provider.
3.3 You are not entitled (nor will you assist others) to set up links
from your own websites to this Website (whether by hypertext linking,
deep-linking, framing, toggling or otherwise) without our prior written
consent, which we may grant or withhold at our absolute discretion.
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4. Communications
via the website
4.1 Where you are given the facility to enter information on to, or communicate
via, the Website you agree to use the Website for lawful and civil purposes
only and that you will not (nor allow others to):
4.1.1 post or transit any material which is offensive, racist, abusive,
indecent, defamatory, obscene or menacing;
4.1.2 impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with any one or any entity;
4.1.3 post or transmit any statements which are intentionally false or
misleading;
4.1.4 post or transmit any material which you do not have the right to
transmit; or
4.1.5 post or transmit any advertising, promotional materials or other
forms of solicitation.
4.2 You agree to fully and effectively indemnify us and keep us fully
and effectively indemnified from and against all costs, claims, liability,
expenses (including legal expenses), damages and losses incurred by us
as a result of a breach by you of the provisions contained in this clause
4, whether arising under tort, statute or otherwise.
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5. Changes to website
We are serious about guarding the security of your personal information
that we have under our control from unauthorised access, improper use
and disclosure, unauthorised destruction or accidental loss. However we
cannot guarantee the protection of your personal data as due to the nature
of the Internet, the Website is theoretically accessible by any user of
the World Wide Web. You should be aware that when you disclose personal
information on the Website it may be collected by another user and may
result in unsolicited messages from other Internet users.
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6. Entire agreement
These Terms and Conditions represent the entire understanding relating
to the use of the Website and supersede all other statements, representations
or warranties (whether written, made electronically or orally) made by
us. Nothing in these Terms and Conditions shall affect the liability of
either party in respect of any misrepresentation, warranty or condition
that it makes fraudulently. Any rights not expressly granted in these
Terms and Conditions are reserved by us.
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7. Severance
If any provision of these Terms and Conditions are found to be invalid
or unenforceable by a court, it will be severed from the rest of these
Terms and Conditions which shall remain unaffected.
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8. Law and jurisdiction
These Terms and Conditions will be governed by the laws of Mauritius.
Disputes arising in relation to this Website shall be subject to the exclusive
jurisdiction of the Courts of Mauritius.
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