Shipley BBS Terms and Conditions Page

Terms & Conditions

This website is owned and operated by Shipley Ltd, registered office address - Abbey Manor Business Centre Preston Road Yeovil Somerset BA20 2EN


Please read carefully the following terms & conditions as they set out the basis upon which you can visit and use the BidBenchSolo website ("website") and buy our Product. 

For the avoidance of doubt, the Tool and resulting Report are intended for business use only.

We reserve the right to change these terms and conditions from time to time and we advise you to read through them each time that you use the website.

1.	Definitions

1.1	In these Terms and Conditions:

1.1.1	"Shipley" or "we" or "us" or "our" means Shipley Limited (registered in England no. 3426392)

1.1.2	"Fee" means  £60.00 (to include VAT where applicable) to be paid by you to us for the Product.

1.1.3	"Tool" means the proposal quality benchmarking tool in the form of a series of grouped multiple choice questions we have developed to provide advice on improving your Proposal.

1.1.4	"Product" means the Tool and the Report.

1.1.5	"Proposal" means  the proposal you have put together with a view to winning a particular contract;

1.1.6	"Report" means the report generated by Shipley following your use of the Tool;

2.	The Product 

2.1	The Product does not guarantee a successful bid but experience suggests that it will reduce the probability of losing 

2.2	The Product is intended to help you to look at your Proposal in the way a customer would and to give you constructive feedback which when implemented may improve the customer's response to your Proposal.

3.	The Process

3.1	You will need to follow the steps set out on the entry screen which will guide you through the Tool.

3.2	Once you have created an account, accepted these terms and conditions and paid the Fee, you will have access to the Product.

4.	The Report

4.1	The Report will be automatically generated following completion of the multiple choice questions and will be e mailed to you.

4.2	Each Report is given a unique reference number that enables the answers you gave to the questions to be tracked should the need arise.

5.	Refund Policy

5.1	In the unlikely event that you do not receive the Report, you have 48 hours within which to notify us of this fact by e mail to bidbenchsolo@shipleywins.co.uk. In order that we might verify your purchase, your email must also contain the date upon which you used the Tool, the e mail address to which you requested the Report be sent and your World Pay transaction ID and/or Shipley invoice number. If you do provide us with this information within the 48 hours specified, we will resend the report if practicably possible; if not possible for any reason whatsoever then we will provide you with a free credit to use the Product.

6.	Intellectual Property 

6.1	All intellectual property in the Product is owned by Shipley. 

6.2	Any use of the Tool in whole or in part other than to generate a Report is prohibited. You may not modify, adapt, alter, distribute or create derivative works of or from the Product in whole or in part. 

6.3	All trade marks, names, and logos are our proprietary marks or those of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms of use in any way confers on you any licence or right to use any such trade marks, names or logos.


7.	Links to Third Party Websites 

7.1	This website does provide a link to the World Pay website to enable your Fee to be paid. In addition it may provide links to other third party websites from time to time (third party sites) that we believe may be of interest to you. We do not control or vet any of these third party sites; Shipley's privacy policy which is set out below does not cover those third party websites. We advise you to read the privacy statement applicable to each third party website you visit and we will not accept any responsibility for or liability in respect of either the contents or your use of these third party websites.

8.	Accuracy of Content 

8.1	We have taken all reasonable precautions to ensure that the information provided within this website is accurate. All prices quoted are inclusive of VAT.

9.	Limitation of Liability

9.1	In performing any obligation under these terms and conditions, our duty is only to exercise reasonable care and skill of a competent on-line service provider.

9.2	Except in the case of death or personal injury resulting from our negligence, we will not be liable in contract or in tort (including negligence) or otherwise for any loss of profit, business, contracts or revenues or any special direct indirect or consequential damages of any kind suffered by you arising directly or indirectly as a result of your use of the Product, this website or of the information provided within this website or otherwise from any act or omission on our part.

9.3	In the event of a breach by us of these terms and conditions your remedy is limited to the damages you suffer as a result of your loss if such loss was reasonably foreseeable to both of us; in any event our liability shall not exceed the Fee.

9.4	This clause 9 shall survive termination of our agreement for any reason whatsoever.

10.	Damage to your Computer

10.1	We make all reasonable effort to ensure that this website is free from viruses and defects. However, we cannot guarantee that use of this website or of any third party websites accessed through it, will not damage your computer or files programmes and information stored on your computer and we shall not be liable for any loss or damage to your computer files programmes or information arising as a result of your use of this website.  

11.	Account Security

11.1	It is your responsibility to ensure that all information with regards to your account is kept confidential. We shall not accept responsibility for any loss or damage as a result of you not keeping all such information confidential.

 
12.	Messages Disclaimer

12.1	You must not submit any messages to the website that are defamatory, offensive, menacing, abusive, obscene, racist, or likely to cause nuisance, offence or embarrassment, damage or inconvenience to either us or our customers, or are in any other way objectionable or illegal. 

12.2	We retain the right to reject any order you may place remove any such comments as are alluded to in paragraph 12.1 above and/or block your use of the website.

13.	Minors

13.1	This website is not intended for children and we ask that no-one under the age of 18 submits personal information to us or uses the website.

14.	Privacy Policy

14.1	As a UK based website we endeavour to ensure that all personal information or "data" provided is handled in accordance with the 1998 UK Data Protection Act. We endeavour to protect your information from unauthorised use or access. However, no information transferred over the Internet or wireless network can be guaranteed to be completely secure. There may be instances where your data travels internationally even to places outside the European Union. If you visit or use our website you are authorising us to process your data in this way. 

14.2	The information you supply is used in order to take payment for the Product and otherwise is stored for benchmarking purposes along with your and your potential customer's industry sector. 

14.3	We are committed to protecting your personal information and we will endeavour only to use or disclose personal information such as it is collected from you for the efficient delivery of our services to you and to work towards improving those services by understanding the interests and buying behaviour of our website users and visitors.

14.4	To the extent that we have your personal information we will only disclose it to any appropriate investigative third party if we believe you may be involved in any illegal or harmful conduct or if we are required to do so by law.

14.5	We reserve the right to transfer your personal information to other companies in the same group of companies as Shipley or to a third party who acquires all or substantially all of the assets of Shipley, this is because our data forms part of our assets, whether by merger acquisition reorganisation or otherwise.

14.6	Save as otherwise set out in this paragraph 14, we will not use your e mail address for marketing or give it to anyone else, we will not sell use or otherwise disclose, any information we hold about you to any third parties unless you have provided us with your consent to do so.

14.7	You have the right to ask for a copy of your personal information held by us. If you have any questions about this privacy policy, or the use of your personal information, or if you wish to request us to stop using your information in any way, please write to:

		The Data Protection Officer
		BidBenchSolo
		Abbey Manor Business Centre 
		Preston Road 
		Yeovil 
		Somerset 
		BA20 2EN


15.	Suspension/Termination of access to the website

15.1	We will make every effort to provide an efficient and constant service but cannot guarantee that access to the service will be maintained at all times. You acknowledge our right to suspend restrict or terminate your access to the website at any time either partially or completely for any reason including (but not limited to) to perform essential maintenance, change details, introduce new facilities and services, to remove any inaccurate or unauthorised material and for breach of any of these terms and conditions of use.

15.2	We will restore access as soon as reasonably practicable after a restriction or suspension, but not after a termination.

15.3	We will not be liable to you for any loss which you incur as a result of any such suspension, restriction or termination.


16.	Force Majeure

16.1	If we are unable to provide the service because of something beyond our reasonable control such as technical failure, lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, natural or local emergency, anything done by government or other competent authority or industrial disputes of any kind (whether or not involving our employees), we will not be liable to you.

17.	Complaints

	If you wish to make any suggestions or in the unlikely event that you wish to make a complaint please do so by e mail to bidbenchsolo@shipleywins.co.uk

18.	Governing law

18.1	This website, its content, your use of it and any contracts arising out of it are governed by English law.  You agree that all disputes between us shall be determined in accordance with the law of England to the exclusion of all other law.

19.	Jurisdiction

19.1	You agree that the courts of England and Wales shall have exclusive jurisdiction to determine all disputes arising under or in connection with this website your use of it and any contracts arising out of it.

19.2	You accordingly submit to the exclusive jurisdiction of the courts of England and Wales. 

20.	Further provisions relating to governing law and jurisdiction

20.1	You agree that clauses 18 and 19 shall be valid and binding upon you notwithstanding that these terms and conditions or any part thereof, shall be alleged or shall be found to be invalid, unenforceable, or otherwise without legal effect.

20.2	If you bring proceedings before any court other than the courts of England and Wales, and regardless of whether that other court finds it to be wrongful for such proceedings to have been brought before it, you agree to pay Shipley, on demand, such sum as shall represent the whole of the loss to Shipley caused by or resulting from the bringing of those proceedings.

Version 1: 19th November 2007