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TERMS OF USE

These terms of use (together with the documents referred to in them) tell you the conditions on which you may make use of the Benchify service available at www.benchify.com (Benchify), whether as a guest or a registered user. Please read these terms of use carefully before you start to use Benchify. By using Benchify, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using Benchify.

INFORMATION ABOUT US

Benchify is operated by Benchify Limited ("We"). We are registered in England and Wales under company number 08182296 and have our registered office at Unit 11 Hove Business Centre, Fonthill Road, East Sussex, BN3 6HA, UK. Our main trading address is Unit 11 Hove Business Centre, Fonthill Road, East Sussex, BN3 6HA, UK.

ACCESSING BENCHIFY

On the condition that you comply with these terms of use, including the Acceptable Use Policy, we grant you a limited, revocable, non-assignable, non-sublicenseable right to access Benchify, through a generally available browser.

To be permitted to use the Service, you must be 18 years of age or older and not be currently prohibited from having a Benchify account.

We will do what we reasonably can to keep the Benchify Service working continuously. However, various technical problems or maintenance may, from time to time, result in temporary interruptions. We therefore reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Benchify Service, with or without notice. You understand and acknowledge that any such action we take will be without liability to you for any interruption, modification, or unavailability of Benchify as a whole or any of its function or features. You understand and agree that Benchify has no obligation to maintain, support, upgrade, or update Benchify, or to provide all or any specific feature through Benchify.

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, and 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 opinion you have failed to comply with any of these terms of use.

When using Benchify, you must comply with the provisions of our Acceptable Use Policy

You may be offered the facility of accessing and updating your Benchify profile by means of other sites. Your use of Benchify by means of those sites remains governed by these terms. Any other function or feature of any such site is governed by its own respective terms and conditions.

SUBSCRIPTIONS, PAYMENT AND CANCELLATION

Benchify account holders may access the Benchify by any of our range of subscriptions:

All subscriptions other than the Personal Subscription are referred to in these terms as ‘Paid Subscriptions’. If you reside in a territory which is part of the European Union and have entered into a Paid Subscription, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase (the “Cancellation Period”), but only if you have not made any use of any feature not available in the Personal Subscription.

If you have a Paid Subscription, your payment to Benchify will automatically renew at the end of each monthly subscription period, unless you cancel your Paid Subscription through your settings page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Personal Service. However, if you cancel your payment and/or terminate the Terms after the Cancellation Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.

Benchify may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Benchify Service after the price change takes effect, you accept the new price.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in Benchify, and in the material published on it. Those rights are protected by copyright and trade mark laws and treaties around the world. All such rights are reserved.

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

MATERIAL SUBMITTED BY USERS

We do not and cannot practically scrutinise and verify feedback, rankings, profiles, commentary and other materials posted on Benchify by users. We therefore disclaim all liability and responsibility for material submitted by any user of Benchify.

To the extent that there are any intellectual property rights or other proprietary rights in any ratings or survey responses posted by you or about you, you agree that these will be owned by us. Apart from ratings and survey responses, you own the information you provide Benchify under this Agreement (including your profile information), and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. You grant Benchify a right to use, commercialise in any way, copy, distribute, publish, remove, retain, add, process, analyse, or adapt, information you provide to us in relation to Benchify. That right shall be nonexclusive, irrevocable, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right throughout the world and cover to us in any way now known or in the future discovered, any information you provide to us in relation to Benchify.

By providing information to us, you confirm that you are entitled to provide that information and that the information is accurate, not confidential, and not in violation of any contractual or other third party rights.

We are constantly working on ways of improving Benchify. We cannot do so efficiently if we have to avoid ground covered by user contributions; it may be that we are already working on an area for improvement or development suggested by a user. By submitting ideas, suggestions, survey feeddback, documents, and/or proposals (referred to here as “Comments”) to Benchify, you agree that it does not contain confidential information or intellectual property rights and that Benchify is not under any obligation of confidentiality, express or implied, with respect to the Comments. Benchify shall be entitled to use or disclose such Comments in any part of the world for any purpose, in any way, in any media. You agree that you are not entitled to any compensation or payment of any kind from Benchify under any circumstances in respect of any Comment.

SURVEYS

Responses to surveys carried out by means of Benchify are owned by us in accordance with the ‘Material Submitted by Users’ section above. If you commission a survey to be undertaken by means of Benchify, we grant to you a world-wide non-exclusive licence to use the anonymised report we will provide you of the responses to the surveys. You acknowledge that you will not be entitled to any data which personally identifies any respondent to the survey.

BENCHIFY CHANGES REGULARLY

We aim to update Benchify regularly, and may change the service at any time. If the need arises, we may suspend access to Benchify, or close it indefinitely. Any of the material on Benchify may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

The material displayed on Benchify is provided without any guarantees, conditions or warranties as to its accuracy. Do not rely on the continuous availability of Benchify. We provide the platform for Benchify and all information and services on an “as is” and “as available” basis.

If you are dissatisfied or harmed by Benchify or anything related to Benchify, you may close your Benchify account and terminate this agreement by cancelling you subscription by means of your [account page?].

We are legally responsible to you if our negligence causes death or personal injury.

We will not be legally responsible to you for:

Except for fraud or where our negligence causes death or personal injury, we will not pay more than 150% of the subscription charges paid by you in the previous 12 months, for each claim or a series of related claims.

These terms will not affect any rights which you may have as a consumer under any law and those which we cannot exclude under any agreement.

Each of the paragraphs in this ‘Our Liability’ section operates separately. If any of them is found by a court to be unreasonable or inapplicable the other parts will still apply.

INFORMATION ABOUT YOU AND YOUR VISITS TO BENCHIFY

We process information about you and your use of Benchify in accordance with our Privacy Policy http://benchify.com/pages/privacy By using Benchify, you consent to such processing and you promise that all data provided by you is accurate.

USING BENCHIFY

Whenever you use Benchify, you must comply with our acceptable use policy You promise that any use you make of Benchify complies with those standards. This includes any company or product page you are entitled to under a Paid Subscription.

Any material you submit to Benchify will be considered non-confidential and non-proprietary. We also have the right to disclose your identity to any third party who is claiming that any material submitted by you to Benchify constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the accuracy of any rankings or materials posted by you or any other user of Benchify.

We have the right to remove any ranking or material you submit to Benchify if, in our opinion, such material does not comply with our acceptable use policy.

ACCEPTABLE USE POLICY

You must not misuse Benchify by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Benchify, the server on which Benchify is stored or any server, computer or database connected to Benchify. You must not attack Benchify 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 Benchify will cease immediately.

Whilst we will take standard precautions to protect Benchify. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Benchify or to your downloading of any material posted on it, or on any website linked to it.

Benchify may terminate or suspend, totally or partially, the account of any user who abuses or misuses Benchify. Misuse of Benchify includes inviting other users with whom you do not know to connect; abusing any means provided by Benchify for contacting or messaging other users; creating false profiles or more than one profile; using Benchify for commercial purposes without Benchify’s prior written agreement, infringing any intellectual property rights, or any other conduct that we decide, in our sole discretion, to be incompatible with the secure and efficient functioning of Benchify.

LINKING TO BENCHIFY

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, but you must not establish a link or otherwise act 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 from any website that is not owned by you.

Benchify must not be mirrored, framed or replicated on any other site, nor may you create a link to any part of Benchify other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy .

If you wish to make any use of material on Benchify other than that set out above, please address your request to hello@benchify.com.

LINKS FROM BENCHIFY

Where Benchify contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

These Terms are governed by and will be interpreted and construed in accordance with the laws of England and each of us agrees to only bring legal actions in relation to Benchify or these terms of use in the courts of England and Wales.

TRADE MARKS

BENCHIFY is a registered trade mark of Benchify Limited.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Changes to these terms will be the subject of a notice on the home page of Benchify. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on Benchify. If you do not agree to any of the changes, you can terminate your Benchify account. If you continue to use Benchify following the changes, you are agreeing to them.

SEVERANCE

If any of these terms of use is found to not be legally effective, the rest of the terms of the Terms shall still be effective. We can replace any clause that is not legally effective with a clause of similar meaning that is lawful and effective.

WAIVER

Failure by either you or us to enforce any rights under these Terms shall not prevent either you or us in taking further action.

YOUR STATUTORY RIGHTS

If you are a consumer, these terms will not affect any rights you have under any statute which cannot legally be excluded by these Terms. For more information on the rights you have contact your Local Authority Trading Standards Department or Citizens Advice Bureau.

CONCERNS

We built Benchify to provide a means for professionals to gain honest assessments of their attributes. That is why we require users to use Benchify in an accurate and honest way, which respects the rights of others, including their intellectual property rights. To help enforce that approach, Benchify provides a way for you to make complaints concerning material submitted by users. If you have any concerns about material which appears on Benchify, including in relation to intellectual property rights, confidentiality or defamation, please contact hello@benchify.com.